1

STATE OF FLORIDA

3 DIVISION OF ADMINISTRATIVE HEARINGS

SUGAR CANE GROWERS COOPERATIVE

5 OF FLORIDA, a Florida Agricultural CASE NOS. 92-3038

Cooperative Marketing Association; 92-3039

6 ROTH FARMS, INC.; and WEDGWORTH 92-3040

FARMS, INC.,

7 and

FLORIDA SUGAR CANE LEAGUE, INC.;

8 UNITED STATES SUGAR CORPORATION,

and

9 FLORIDA FRUIT AND VEGETABLE

ASSOCIATION; LEWIS POPE FARMS;

10 W.E. SCHLECHTER & SONS, INC.;

and HUNDLEY FARMS, INC.,

11 Petitioners,

12 vs.

13 SOUTH FLORIDA WATER MANAGEMENT

DISTRICT, an Agency of the State

14 of Florida,

Respondent,

and

MICCOSUKEE TRIBE OF INDIANS OF

17 FLORIDA; THE UNITED STATES OF AMERICA;

THE FLORIDA DEPARTMENT OF

18 ENVIRONMENTAL PROTECTION;

THE FLORIDA WILDLIFE FEDERATION;

19 THE FLORIDA AUDUBON SOCIETY,

and THE SIERRA CLUB,

20 Respondent-Intervenors.

__________________________________/

DEPOSITION OF KEVIN BOEHMER

ACCURATE STENOTYPE REPORTERS, INC.

24 100 Salem Court

Tallahassee, Florida 32301

25 (904) 878-2221

1-800-934-9090

4 ___________________________________________________________

DEPOSITION OF: KEVIN BOEHMER

7 TAKEN AT THE INSTANCE OF: Respondent-Intervenor USA

DATE: Monday, March 14, 1994

10 TIME: Commenced at 9:30 a.m.

Concluded at 3:50 p.m.

12 LOCATION: 315 South Calhoun

Tallahassee, Florida

14 REPORTED BY: TERRY WILHELMI, CSR

Notary Public in and for the

15 State of Florida at Large

___________________________________________________________

2 APPEARANCES:

REPRESENTING THE SUGAR CANE GROWERS COOPERATIVE,

4 ROTH FARMS, and WEDGWORTH FARMS:

5 GARY P. SAMS, ESQUIRE

Hopping, Boyd, Green & Sams

6 123 South Calhoun

Tallahassee, Florida 32301

8 REPRESENTING THE UNITED STATES OF AMERICA:

9 LISA B. HOGAN, ESQUIRE

Assistant United States Attorney

10 Southern District of Florida

99 N.E. 4th Street

11 Third Floor

Miami, Florida 33l32

13 ALSO APPEARING:

14 Gene Duncan

Dr. Ron Jones

* * * * *

I N D E X

21 WITNESS PAGE

22 KEVIN BOEHMER

23 Direct Examination by Ms. Hogan 5

1 E X H I B I T S

NUMBER DESCRIPTION PAGE

4 Boehmer Exhibit 1 Notice of Deposition 7

Boehmer Exhibit 2 Resume 77

5 Boehmer Exhibit 3 Designation of Witnesses 79

Boehmer Exhibit 4 5-25-93 Proposal 110

6 Boehmer Exhibit 5 8-13-93 Memorandum 119

Boehmer Exhibit 6 Technical Memorandum 12-3-93 121

7 Boehmer Exhibit 7 1993 Actual Data 122

Boehmer Exhibit 8 8-19-93 Work Plan 126

8 Boehmer Exhibit 9 Field Book 132

Boehmer Exhibit 10 Second Field Book 134

9 Boehmer Exhibit 11 Technical Memorandum 10-13-93 135

Boehmer Exhibit 12 12-20-93 Telephone Record 140

10 Boehmer Exhibit 13 2-18-94 Memorandum 140

Boehmer Exhibit 14 Technical Memorandum 10-29-93 142

11 Boehmer Exhibit 15 Notes from Project File 144

Boehmer Exhibit 16 2-8-94 Memorandum 147

12 Boehmer Exhibit 17 9-22-93 Memorandum 152

Boehmer Exhibit 18 2-10-94 Memorandum 152

13 Boehmer Exhibit 19 10-27-93 Telephone Record 153

Boehmer Exhibit 20 10-4-93 Telephone Record 157

14 Boehmer Exhibit 21 10-13-93 Memorandum 157

Boehmer Exhibit 22 8-19-93 Fax 158

15 Boehmer Exhibit 23 5-16-93 Telephone Record 159

Boehmer Exhibit 24 11-1-93 Telephone Record 160

16 Boehmer Exhibit 25 8-23 Memorandum 161

Boehmer Exhibit 26 9-27-93 Telephone Record 164

17 Boehmer Exhibit 27 Technical Memorandum 10-29-93 167

Boehmer Exhibit 28 Technical Memorandum 9-30-93 169

18 Boehmer Exhibit 29 Technical Memorandum 10-29-93 170

Boehmer Exhibit 30 12-3-93 Memorandum 170

19 Boehmer Exhibit 31 Technical Memorandum 9-30-93 171

Boehmer Exhibit 32 Technical Memorandum 9-30-93 171

20 Boehmer Exhibit 33 Technical Memorandum 9-30-93 172

Boehmer Exhibit 34 Technical Memorandum (undated) 172

CERTIFICATE OF OATH 175

CERTIFICATE OF REPORTER 176

1 PROCEEDINGS

2 The following deposition of KEVIN BOEHMER was taken

3 on oral examination, pursuant to notice, for purposes of

4 discovery, and for use as evidence, and for other uses and

5 purposes as may be permitted by the applicable and

6 governing rules. Reading and signing is waived.

7 * * *

8 Thereupon,

9 KEVIN BOEHMER

10 was called as a witness, having been first duly sworn, was

11 examined and testified as follows:

12 DIRECT EXAMINATION

13 BY MS. HOGAN:

14 Q Mr. Boehmer, my name is Lisa Hogan and I

15 represent the United States. We are here to talk to you

16 today to discuss your expected testimony at trial and the

17 opinions that you hold in this matter. I'm going to ask

18 you a series of questions, if you don't understand my

19 question, please let me know. When you answer, we will

20 assume that you have understood the question, okay?

21 A Okay.

22 Q Can you state your full name for the record?

23 A Yes, it's Kevin Patrick Boehmer.

24 Q Can you give us your home address and your work

25 address and your home telephone number and your work

1 telephone number?

2 A Sure. My home address is 31 Earl Street in

3 Kitchener, Ontario and my home phone number is area code

4 (519) 744-3509. I work at CH2M HILL in Waterloo, Ontario.

5 The address there is Suite 600, 180 King Street South,

6 Waterloo, Ontario. The number there is (519) 579-3500.

7 Q What is your position?

8 A I am an environmental planner.

9 Q What does that encompass, what do you do?

10 A In general, an enviromental planner is an

11 integrator of the various disciplines in the context of our

12 company. I would run projects that, for example, have

13 engineers, hydrologists, hydrogeologists, and I would be in

14 charge of integrating that data in a planning context, so

15 in other words, taking engineering data and interpreting it

16 into an a doable plan.

17 Q We sent you a notice of taking deposition duces

18 tecum which stated that your deposition was going to be

19 taken here today at 9:00. Attached to the notice was a

20 list of documents that we requested that you produce for

21 your deposition and I would like to go through each of the

22 items that's listed to make sure that the documents that we

23 asked you for were in fact produced. Do you have a copy of

24 your notice with you?

25 A I --

1 Q Is that it that Mr. Sams has?

2 MR. SAMS: It is a copy. If you like, he can

3 look at it while I do.

4 MS. HOGAN: Why don't we mark this as the first

5 exhibit to your deposition.

6 (Boehmer Exhibit 1 marked for identification.)

7 BY MS. HOGAN:

8 Q The first thing that we asked you for was a copy

9 your curriculum vitae or similar document, if it has been

10 updated since your designation as an expert. Have you

11 produced that document?

12 A Yes, I have.

13 Q That's the document that you handed me this

14 morning?

15 A (Witness nods head affirmatively.)

16 Q The second item that we asked you for, we wanted

17 a list of all technical, professional, or scientific

18 publications, reports, articles, monographs, thesis, or

19 similar documents in which you were identified as author or

20 co-author, related to the Everglades research, the water

21 quality assessment, EAA development, evaluation of

22 phosphorus removed alternatives, and generally accepted

23 engineering practices. Have you produced all the documents

24 that are responsive to that?

25 A Yes.

1 Q Do you have any published material, any

2 published articles?

3 A No. In the technical literature?

4 Q Correct.

5 A No.

6 Q The third item is a copy of each technical,

7 professional, or scientific publication, report, article,

8 monograph, thesis or similar document in which you were

9 identified as an author or co-author, related to Everglades

10 research, to include all drafts, edited copies, reviewers'

11 comments and the final version. Have you produced all

12 those documents?

13 A Yes.

14 Q Have you authored any articles?

15 A No.

16 Q Item number 4 asks for all documents relating to

17 research done in the Florida Everglades and the Everglades

18 Agricultural Area for the period 1975 to date, including

19 but not limited to the EPA, the ENP, the LNWR and the

20 WCA's. Have you produced all documents responsive to that?

21 A Yes.

22 MR. SAMS: Let me just object for clarity of the

23 record to the form of the question. I think it was

24 clearly intended to mean those documents of the

25 witness, it really reads more broadly to ask for all

1 documents relating to research in the Everglades and I

2 don't think this witness has attempted to do a general

3 canvass, he has just simply provided those things

4 which are within his possession.

5 MS. HOGAN: Okay, that's our understanding.

6 BY MS. HOGAN:

7 Q Item number 5 is all documents relating to

8 research done in the Everglades Protection Area or the

9 Everglades Agricultural Area as defined in the March 13,

10 1992 Everglades SWIM plan, including field notes,

11 photographs, lab analyses, et cetera.

12 A Yes.

13 Q These photographs that were produced, these are

14 the only photographs --

15 A Yes.

16 Q -- that you possess regarding the EAA or your

17 testing?

18 A Um-hum.

19 MR. SAMS: Let me clarify there. I think after

20 Dr. Shannon's deposition, we were asked just to

21 provide copies of the ones that the you had

22 specifically requested be copied. There may have been

23 others in that folder that the U.S. reviewed and

24 elected not to have copies, but the ones that were

25 marked as exhibits to Dr. Shannon's testimony have

1 been copied and have been provided.

2 MS. HOGAN: At Dr. Shannon's deposition, I did

3 attend, only these 43 photographs were produced, are

4 you saying that there are photographs in addition to

5 these that we have?

6 MR. SAMS: If those are all of them, then those

7 are all of them. I thought perhaps they had been

8 selected.

9 BY MS. HOGAN:

10 Q So these are the only photographs that have been

11 taken that you have reviewed?

12 MR. SAMS: Can we go off the record a second?

13 MS. HOGAN: Sure.

14 (Discussion off the record.)

15 MR. SAMS: My recollection from what Gary Perko

16 told me, was that there were some greater number, of

17 which the U.S. wanted 43, and those are the 43.

18 MS. HOGAN: These 43 we actually marked as

19 exhibits to his deposition, but there were additional

20 photographs that you produced, but you did not produce

21 them today?

22 MR. SAMS: No, but we can if that's problematic.

23 They are at my office.

24 MS. HOGAN: Yes, I think we would like a copy of

25 all photographs that have been taken, not just the

1 ones that were made exhibits to Dr. Shannon's

2 deposition. Can you get those to us by tomorrow or is

3 it possible to get them to us today?

4 MR. SAMS: I will be able to get them to you

5 today, I just have to go back to the office and bring

6 them back.

7 MS. HOGAN: Okay, good enough.

8 BY MS. HOGAN:

9 Q Can you look at number 6 and read that?

10 A Yes.

11 Q You produced all documents responsive to that

12 request?

13 A Um-hum.

14 Q The same with item number 7, have you produced

15 all documents responsive to that request?

16 A Yes.

17 Q Item number 8, same question?

18 A Yes.

19 Q Item number 9?

20 A Yes.

21 Q Item number 10? Okay, item number 10 asks for

22 all laboratory notes, notebooks, hard copies of materials

23 on computer disks, including unpublished research results

24 related to the Everglades research, whether conducted

25 personally or by others. At the deposition this morning,

1 you handed us a disk, is this the only other disk that

2 hasn't been produced, is there any other documentation?

3 A That's it, but I notice here it says hard copies

4 of materials on computer disk, hard copies haven't been

5 provided in all cases, just computer or disk versions.

6 Q Is there a hard copy version of this disk?

7 A No, we haven't printed it out. Similarly, with

8 my spread sheet files, I just work with them on the

9 computer and printout summary tables, so those tables would

10 be included in the documents, but the actual entire spread

11 sheet you likely don't have hard copies of.

12 Q But we do have your disk?

13 A Yes.

14 Q Item number 11, have you produced the documents?

15 A Yes.

16 Q Item number 12?

17 A Yes.

18 Q Item number 13?

19 A Yes.

20 Q Item number 14?

21 A Yes.

22 Q Can I ask you a question, when was this disk

23 made, the one that you produced today?

24 A I received that from the District, I believe

25 last Thursday.

1 Q Item number 15?

2 A Yes.

3 Q Item number 16?

4 A Yes.

5 Q Item number 17?

6 A Yes.

7 Q Item number 18?

8 A Yes.

9 Q Item number 19?

10 A Yes.

11 Q Item number 20?

12 A Yes.

13 Q Item number 21?

14 A I was not a member of the SAGE committee.

15 Q Did you review any of the documents that were

16 produced within that?

17 A They were produced, yes.

18 Q Do you remember any documents specifically that

19 you reviewed?

20 A No, it would have just been a component of

21 putting together the project file, but not for any specific

22 task that I undertook.

23 Q Item number 22?

24 A Yes.

25 Q Item number 23?

1 A Yes.

2 Q Item number 24?

3 A Yes.

4 Q Item number 25?

5 A Yes.

6 Q Which documents relating to the review of any

7 designated witnesses have you reviewed?

8 A I guess I was thinking about Earl's deposition,

9 I have reviewed that, whether that fits under number 25 or

10 not, I'm not sure.

11 Q Have you reviewed any other documents that fall

12 within this category?

13 A That's the only one I was thinking of.

14 Q Item number 26?

15 A Yes.

16 Q Item number 27?

17 A Again, just in the sense that --some of these

18 are a bit fuzzy to me, but in the sense of looking at

19 Earl's correspondence and documents that he acquired at

20 SAGE and putting together the project file that's been

21 submitted.

22 Q Item number -- where were we, 27?

23 A 28.

24 Q Okay, item number 28?

25 A Yes.

1 Q Item number 29?

2 A Yes.

3 Q Item number 30?

4 A Yes.

5 Q When you came in this morning, Counsel handed me

6 another set of documents that were not previously produced,

7 why weren't these documents produced before today?

8 A It was an oversight on my part. The project

9 file, as I said, is set up in my office and it includes

10 most of Earl's historical file and my file since I started

11 undertaking activities last summer. When I received the

12 comments from our draft technical memoranda, I filed them

13 in another place beside my computer until such time as I

14 was going to use them and they didn't go directly into the

15 project file, so when I was preparing the boxes to send

16 down to Gary Perko, they were left out.

17 Q Are you aware of any other documents that

18 haven't been produced, any other files that you would have

19 filed someplace else?

20 A No, I'm not.

21 Q So you have produced all documents, to your

22 knowledge, that are responsive to the notice?

23 A Yes.

24 Q Have you ever had your deposition taken before?

25 A No, I haven't.

1 Q Have you ever participated as a witness in any

2 other lawsuit?

3 A No.

4 Q Have you been a party to any other lawsuit?

5 A No. I'm at your mercy.

6 Q You are aware that Dr. Shannon's deposition was

7 taken on March 4th and 5th, 1994, correct?

8 A Yes.

9 Q Did you discuss with him how his deposition

10 went, what questions were asked?

11 A Yes, in a general sense.

12 Q What did you discuss?

13 A We discussed primarily the broad areas of his

14 testimony.

15 Q What were those areas?

16 A From my understanding, they were historical

17 trends of the EAA loadings, from the EAA loadings,

18 treatment alternatives, comparison of treatment

19 alternatives and, thirdly, just sort of a general

20 engineering approach to solutions in the area.

21 Q So he generally told you what questions were

22 asked of him and what his responses were?

23 A No, we didn't discuss specific questions. We

24 discussed just, you know, how our work really related to

25 his testimony.

1 Q But he did not discuss with you what his

2 responses were?

3 A In some cases, he did, yes.

4 Q Then you also mentioned that you read his

5 deposition in preparation for your deposition today?

6 A Yes.

7 Q Do you know when you read that deposition?

8 A Yesterday.

9 Q And you reviewed the exhibits that were attached

10 to the deposition?

11 A Yes, I did.

12 MS. HOGAN: At Dr. Shannon's deposition, he

13 produced several photographs which I believe were

14 marked as Exhibit 19 to that deposition and I would

15 like to make these exhibits to this deposition, but we

16 only have this one copy. Are you going to retain the

17 originals, these original photographs?

18 MR. SAMS: It was my understanding that the

19 originals were actually to be made exhibits to the

20 Shannon deposition.

21 MS. HOGAN: So are we giving them to the court

22 reporter today or are you taking them back?

23 MR. SAMS: If that's a correct understanding. It

24 can be done that way, however, you have requested

25 blowups and we need some record of the numbers on

1 individual things in order to have the blowups made.

2 MS. HOGAN: We will do that during the break,

3 we'll just put the same number on each of these

4 documents so that I know which ones to order.

5 MR. SAMS: Yes. The problem is that I think

6 all we have left then may be negatives, and if that's

7 so --

8 MS. HOGAN: Then you will need the originals

9 back?

10 MR. SAMS: Yes.

11 MS. HOGAN: Okay.

12 BY MS. HOGAN:

13 Q Mr. Boehmer, I'm going to hand you some

14 photographs and can you identify these photographs for me?

15 MR. SAMS: Let me go off the record and ask you

16 something, if I may.

17 MS. HOGAN: Yes.

18 (Discussion off the record.)

19 BY MS. HOGAN:

20 Q Can you identify these photographs, Mr. Boehmer?

21 A Sure. This photograph was taken at Site A as

22 referred to in our first technical memorandum, which would

23 have been the Glades Farm.

24 Q And this has been marked on the back as

25 photograph number 1, Exhibit Number 19 to Earl Shannon's

1 deposition taken March 4, 1994. Did you take these

2 photographs?

3 A Yes, I did.

4 Q What does this photograph represent, this first

5 photograph?

6 A This is a photograph of some jar testing that we

7 did on the site the first day we were in the field. This

8 would be just raw canal water with some ferric sulfate

9 added to it and shaken up and then we just visually inspect

10 the flocculation activities that took place within that

11 sample.

12 Q What is a jar sample? That is a jar sample?

13 A This is a jar sample, yes. It's just -- it's

14 trying to determine what chemical dosages would be

15 appropriate to start your experiment with, so it's sort of

16 like a first cut, gross estimation.

17 Q Do you know how much of a dosage you used in

18 this photograph?

19 A I wouldn't be able to say specifically, but it

20 looks to me like it would have been a high dosage, because

21 you can see distinctly the settling out of the floc in the

22 bottom. In some of the dosages that we ended up using, we

23 didn't need such a concentrated dosage, the filtration unit

24 was able to remove the solids without such a

25 distinguishable settling.

1 Q About what dosage do you feel has been used here

2 of the ferric sulfide?

3 MR. SAMS: If you know.

4 A I couldn't say. We were all over the board that

5 first day with dosages.

6 BY MS. HOGAN:

7 Q What's the second picture, picture number 2?

8 A This is a shot again of the Site A sampling

9 location. It just shows you the equalization tank at the

10 front end of the process where the raw water would have

11 been pumped into this tank and then continued this way

12 through the process.

13 Q So the water comes in through this green hose?

14 A No. The water would come in through the back

15 side here where you can't see, this would be an overflow

16 hose here.

17 Q What is this red hose?

18 A The red hose would be the compressor hose, the

19 air compressor, gas powered air compressor was down at this

20 end of the site and the hose would have connected from it

21 up to the microfiltration unit.

22 Q What is this tan looking box that has number 923

23 on it?

24 A That housed the Co-op's automatic sampler that

25 they used as part of their early baseline monitoring

1 program.

2 Q What is this in the background, this little

3 thing that's projecting?

4 A That's at the location where the Co-op pulled

5 their samples from.

6 Q And what is this green stuff that's in the water

7 or on top of the water, what is that?

8 A I'm not sure. It was an algal growth of some

9 kind that had built up in the canal.

10 Q Was there another filter in front of this?

11 A Yeah, there is a trash rack that comes right

12 through here that blocks this growth from entering, well,

13 some of it from entering the suction side of the pump

14 house.

15 Q Does that mean that some of the trash comes

16 through?

17 A It would trap gross objects. The trash rack is

18 probably about half a foot in separation.

19 Q Let's move to the picture that's marked with

20 number 3 on the back of it, can you describe that picture

21 for me?

22 A Yes. This was taken at Site A and it's a shot

23 of one of the four pumps at that site, on the suction side.

24 Q Site A is this 923, that's Site A?

25 A Yeah, that's the Co-op's numbering system, 923.

1 Q What farm did this take place on?

2 A Glades main farm.

3 Q The next picture is picture number 4?

4 A Yes. This would have been taken at Site B, the

5 Flor-Ag Farm, and it shows the system process, most

6 components of it. This was our equalization tank at that

7 site, the water would have been coming into the side.

8 Q This is the white container?

9 A Yes. This would have been an overflow -- excuse

10 me, this is the inflow right here, so you see there is a

11 strainer right here that strained out some gross material.

12 Inflow here. This is the caustic addition tank.

13 Q That's the smaller white tank?

14 A Yes.

15 Q What's that little meter on the top of it?

16 A That's a metering pump so you can control the

17 flow of caustic into the process. That would have entered

18 the system right after outflow from this tank.

19 Q Through that white hose, the large white hose?

20 A Yeah, through this teflon tube.

21 Q Okay.

22 A It would have continued down this length of

23 pipe. The next input would have come from this yellow tank

24 and that's the ferric sulfate, it comes again through a

25 metering pump into the system here. This tub here was set

1 up as a flocculation tank.

2 Q The green tub?

3 A Yes. This is a mixer that is just affixed to

4 the top of these two PVC pipes and it hangs into the tank

5 and mixes the solution. The outflow from that tank goes

6 directly into the microfiltration unit and then you can't

7 see very well, but the backwash would come off the back of

8 the unit here and generally be collected in this tub.

9 Q Okay.

10 A And there would also be a hose where the

11 filtrate came out at that end also.

12 Q And where would that go?

13 A That would come, you can just barely see on the

14 left hand side here, that green hose. Now, when we were

15 just running the system and weren't testing, we just

16 discharged the green hose back into the canal, but during

17 an actual testing period, we could dislodge that green hose

18 and collect a sample directly from the back of the machine.

19 Q And the next picture is picture number 5?

20 A This was taken at Site B, the Flor-Ag site, it's

21 just another angle. You see the intake comes up this green

22 hose through the strainer into the equalization tank and

23 you get a better shot here of the caustic addition tank.

24 Q What is a caustic?

25 A A caustic is a solution with a -- such that you

1 can adjust the pH of the process water.

2 Q What chemicals are in the caustic?

3 A That would have been sodium hydroxide based.

4 Q So you have sodium hydroxide, which would be

5 your caustic, and then you have the ferric?

6 A No, the ferric comes --

7 Q Oh, that's in the yellow?

8 A Yeah, down in a little bit.

9 Q All right, this is picture number 6?

10 A This is a picture of the flocculation tank

11 primarily. This would have been where the ferric sulfate

12 was added just upstream of this tank and you see the mixer

13 here that's hanging it to that component.

14 Q You used the same equipment at each site?

15 A There was some minor changes in process at the

16 two sites, we learned sort of as we went along.

17 Q What changes did you make?

18 A Well, for example, this flocculation tank was

19 only used at the second site and we were just -- at the

20 first site we had an in-line rapid mixer, which is only

21 about half a foot long and the same diameter as this PVC

22 pipe, and we tried to have it do the same thing as this

23 flocculation did, but basically just testing out a

24 different piece of equipment to do the same sort of job.

25 We used that for a few test runs at Site A, we removed that

1 and didn't use any flocculation step for some of the test

2 runs at Site A and for some of the test runs at Site B.

3 Then our last few test runs at Site B, we added this step

4 so that we could judge the results from that.

5 Q Which one did you find was better?

6 A We essentially found that we didn't need a

7 flocculation step, that there was enough contact time

8 between the chemical and the water just within the PVC

9 piping, that we didn't recognize a noticeable improvement

10 in filtrate water quality using this.

11 Q The next picture is picture number 7?

12 A This is a shot at Site B, the Flor-Ag site, from

13 a different angle. This is, if we move this way, this is

14 the back of the -- the back end of the microfiltration unit

15 and this would have been the filtrate discharge. This is

16 the other technician that was on site with me, Mr. Van

17 Dokas, from our Waterloo office. We have the coagulant

18 addition tank here, flocculation tank, caustic addition

19 tank, equalization tank.

20 Q What are these red tanks in the back?

21 A Those are gasoline containers that we used for

22 our air compressor and generator that we had off in the

23 background here.

24 Q Okay, picture number 8?

25 A This is a shot of two of the pumps at Site A at

1 the Glades Farm on the discharge side, in other words, our

2 sample would have been collected on the other side of these

3 pumps.

4 Q This is the back side?

5 A Yeah, the back side.

6 Q Photograph number 9?

7 A This photograph would have been taken at Site A,

8 the Glades Farm, and it shows three sample bottles. This

9 would have been taken during our first day when we were

10 undertaking system setup and jar testing activities and we

11 just collected samples from three points in the system and

12 took a photograph of it just to show that, I guess, the

13 visual difference in the water quality primarily between

14 the raw infiltrate and the backwash sample.

15 Q That's at the first site?

16 A That's at the first site.

17 Q Next should be photograph 10?

18 A Yes. This is a picture of the microfiltration

19 unit at Site A and it's just a close up picture of one side

20 of the unit.

21 Q What size is that unit?

22 A This is a two gallon per minute unit.

23 Q Okay.

24 A This would be where the water was entering the

25 system right there.

1 Q Okay. Photograph number 11?

2 A This is a picture taken at Site A, just another

3 angle of the unit. See the incoming water here, this would

4 have been filtrate exiting here and the backwash hose is

5 coming out this side here.

6 Q That's the green hose that's going in the back?

7 A Yes.

8 Q Photograph number 12?

9 A This photo is taken at Site A and shows the

10 system for a number of test runs where we had the

11 equalization tank, some coagulant addition here, and this

12 would have been one that I was mentioning before where the

13 in-line mixer was removed from the system, so it just went

14 directly into the microfiltration unit.

15 Q Photograph number 13?

16 A This picture was taken at Site A and it's

17 looking at the suction side of the pump houses, so our

18 system would have been set up over here.

19 Q To the right of the photograph?

20 A That's right. You can see our pump sitting

21 right on the bank here and that would have been collecting

22 the raw water sample.

23 Q Do you know what these yellow barrels are for?

24 A I'm not certain. I assume that they control the

25 vegetation in the canal somehow, but it's just intuitively,

1 I never talked to anyone there as to their exact purpose.

2 Q Photograph 14?

3 A This photograph was taken at Site A and is very

4 similar to one several back, where during our testing

5 activities, I just took a shot of these three labeled

6 bottles.

7 Q To show the difference?

8 A Yeah, just show the difference in turbidity

9 basically.

10 Q The backwash water is darker than the raw water?

11 A Yes.

12 Q That's because of the addition of the ferric

13 sulfate?

14 A Yeah, and it has more particulate matter

15 suspended.

16 Q And this is the water with the ferric sulfate

17 added, the one that you have labeled as filtrate?

18 A Filtrate, yes. It's with it added, but then

19 it's removed, some of it's removed through the process and

20 this is the water that emanates.

21 Q This is the end water?

22 A That's right, that's the end product.

23 Q After it's gone through the filtration?

24 A Yes.

25 Q This is what it looks like when it comes in, the

1 second one is the final product, and then the third one is

2 the backwash?

3 A That's right.

4 Q Photograph number 15?

5 A This is a shot that was taken at Site A and it's

6 just an overhead look at the equalization tank and the

7 system setup there.

8 Q How do you know that it's Site A?

9 A I remember taking it. To get you oriented, this

10 would be where the raw water was coming into the tank, so

11 the canal would have been running this way and this would

12 have been the feed of the process to the microfiltration.

13 Q All right, photograph number 16?

14 A This was taken at Site A and it's a shot from

15 the other side of the canal, taking a look at the process.

16 Q What is this thing that's hanging there?

17 A That's a Co-op's apparatus that they have their

18 sampler hanging from the bottom of that.

19 Q But you had your own?

20 A We had your pump set up here, you can't see it

21 very well, but the hose goes through here, our sample was

22 collected off the end of this yellow rope here in the

23 middle of the canal.

24 Q This is photograph number 17?

25 A Yes. This is somewhat similar to the last

1 photograph taken from the other side of the canal, it shows

2 you our pumping location, our work area, and Mr. Jim

3 Vickers from Memtec, who was on site for the first three or

4 four days of the program.

5 Q Who is this person with the purple shirt?

6 A That would have been Van Dokas, my colleague out

7 in the field.

8 Q He is employed with you?

9 A Yeah, he works for CH2M of Waterloo.

10 Q What is this?

11 A That would have been a Co-op staff gauge where

12 they can monitor the level of the canal water.

13 Q Photograph number 18?

14 A Again, this is very similar to the last two. You

15 can see here where we collected our backwash down the bank.

16 Q What did you do with that backwash afterwards?

17 A It was discarded back into the canal. Where we

18 drew our samples, or where the pump was anyway, you can see

19 the equalization tank, ferric tank and Jim standing over

20 the actual microfiltration unit.

21 Q Okay, photograph number 19?

22 A This is a shot of the microfiltration unit from

23 another angle. This shows --

24 Q At which site?

25 A This is at Site A. This is the opposite side of

1 the ones the previous photographs have been showing and

2 this gives you an indication of where the backwash exits

3 the microfiltration unit, this is where the water enters

4 and this would be the filtrate, the final effluent water.

5 Q Photograph number 20?

6 A This is the end of -- one of the ends of the

7 microfiltration unit and there's various controls along

8 here that an operator would use. We only worried about a

9 couple of them in our application, but this one primarily

10 is the filtrate valve where it would exit the system.

11 Q What would the other ones be used for?

12 A Well, one of them is an exhaust valve, if excess

13 air builds up in the system, you can bleed the excess air

14 out of it. Another one, I believe, controls this internal

15 break tank in the system and it just turns the valve on and

16 off, whether you want to use that. I'm not sure what the

17 fourth one is. The two we were primarily interested in

18 were the filtrate stream and the exhaust valve. If there

19 was an air build up in the system, we could manually

20 exhaust that air.

21 Q Photograph number 21?

22 A This was taken at Site A and it shows Van Dokas

23 at the back of the machine. It's a side view again. This

24 would be the incoming water, this would be where we would

25 monitor the pH of the water as it entered the machine.

1 Q What, that red tube?

2 A In this little jar here there is a little probe

3 into it.

4 Q Okay.

5 A I'm not sure what Van is doing back there.

6 Q Okay, photograph 22?

7 A This is looking, I guess, at what you could call

8 the front end of the machine. The water enters, this would

9 be the compressed air hookup right here.

10 Q That's the red tube?

11 A The red hose, yes. This valve, as I showed you

12 on the last picture, we could control, we could sample the

13 incoming water for pH on a continuous basis. That would be

14 the backwash stream there.

15 Q The green tube?

16 A Yeah, that's right. Then that's likely the

17 filtrate hose we can see going through the grass there.

18 Q Okay, photograph 23?

19 A This was taken at Site A and it shows the pump

20 discharge -- the discharge location from one of the four

21 pumps that were there when they cranked up the pumps for

22 us.

23 Q Do you know how many gallons of water are

24 released through the pump?

25 A Well, those four pumps are rated at 15,000

1 gallons per minute and I'm not sure if they were cranked to

2 capacity.

3 Q So this doesn't show a full capacity pump?

4 A It could have been full capacity, I'm not

5 certain. They turned them on for us, but I'm not sure if

6 it was at the rated capacity or not.

7 Q Okay, photograph number 24?

8 A This is the same as the last picture. I believe

9 -- I can't say for certain, it could be the discharge from

10 the same pump or another one of those four.

11 Q Okay, photograph number 25?

12 A This photo was taken at Site A and this was

13 taken during a condition where we had that in-line flash

14 mixer installed, you can see it right in the center here,

15 that joined the two PVC tubes. So we have our equalization

16 here, caustic addition here, those are combined to run

17 through this pipe. The ferric sulfate is added just prior

18 to that static mixer and then this mixer under pressure

19 from water is supposed to flash mix those three different

20 ingredients such that it comes through here into the

21 microfiltration unit.

22 Q In the back there are two, I guess, pumps?

23 A The boxes?

24 Q Yes. One says 923 and the other one says what,

25 927?

1 A Yes.

2 Q So which location were you at?

3 A We were at both locations. These are just Co-op

4 housings for their field equipment, they are just internal

5 Co-op numbers.

6 Q But do you know which number applied to where

7 you were?

8 A Yeah. Well, I'll try and explain what's

9 happened here. This locked box, 923, houses the Co-op's

10 automatic sampler, which collects samples from the canal as

11 part of their early baseline program. 927 did house some

12 instrumentation for another experiment the Co-op was doing

13 internally, that I understood was a time versus flow series

14 over an extended period of time through the canal, but was

15 unrelated to early baseline monitoring activities. I have

16 since been told that that never got off the ground, there

17 was technical glitches and they have since dis -- what's

18 the right word, they have torn apart 927, it doesn't exist.

19 But this was just a internal Co-op monitor -- or as far as

20 I know, a numbering system anyway for their different

21 instrumentation throughout their farms.

22 Q Was it running while you were there, number 927?

23 A Not to my knowledge.

24 Q Photograph number 26?

25 A This was taken at Site A and looks at the

1 process again from the starting point. It was taken while

2 the flash mixer was in-line and we have Van hovering over

3 the microfiltration unit.

4 Q What kinds of things would he be doing at this

5 unit?

6 A Well, routinely we would be monitoring the

7 differential pressures across the machine, just making sure

8 that things were functioning as they should have been in

9 terms of the pressure between incoming and exiting water,

10 basically just making sure that things were running

11 smoothly.

12 Q About how long were you at this site in terms of

13 hours per day?

14 A Probably on average, about 10 hours per day.

15 Q And did it run consistently through that time,

16 were you filtrating?

17 A On average, I would say that of those 10 hours,

18 we left for lunch usually for an hour and there was some

19 system setup and shut down at the beginning and end of each

20 day, so I would probably take off about three of those

21 hours per day, three or four. There's various little

22 things that we had to do while it wasn't running.

23 Q About how many gallons of water do you think you

24 sent through the system per day?

25 A Per day, well, if we assume that there was

1 probably five to six hours of running time per day at two

2 gallons per minute, that would mean 120 gallons per hour.

3 Q So you're saying that you ran the system for

4 five hours a day, but you may have been out there for 10?

5 A That's right.

6 Q So you ran a total of 120 gallons?

7 A On average. I mean, some days were different

8 than others, we had to collect a different number of

9 samples.

10 Q So it could have been less or more?

11 A Yes.

12 Q Just depended on what you were doing?

13 A Yeah.

14 MR. SAMS: Let me interject, I think the witness

15 really testified it was 120 gallons an hour and the

16 last interchange may have implied that it was 120

17 gallons a day. You may wish to clarify that.

18 BY MS. HOGAN:

19 Q What is it?

20 A It's 120 gallons per hour while the system was

21 running.

22 Q And approximately five hours a day?

23 A I would say over the length of the job, that

24 that would be a fair assumption.

25 Q This is at Site Number 1?

1 A That's at Site Number 1.

2 Q What about for Site Number 2?

3 A Site Number 2 would have been pretty well the

4 same. If anything, I would say that we ran it for a little

5 longer period of time, perhaps six hours a day at Site B,

6 because we had learned from our experiences at Site A in

7 terms of system setup and how to get the system running

8 quicker and those sorts of things, so we were able to run

9 it a little longer.

10 Q How many gallons per minute did you say?

11 A Two gallons per minute, on average. That's the

12 nominal flex rate, so again, it could very slightly over

13 that, but that's the rate that it's designed for.

14 Q Okay, photograph 27?

15 A This is taken at Site B and this would have been

16 taken from the other side of the canal from which we were

17 set up.

18 Q And you took all these photographs?

19 A As far as I can remember, I took them all. Now,

20 Van might have taken one or two if the camera was up for

21 grabs.

22 Q But you only had one camera out there?

23 A Yes. From this photo, we can see similarly --

24 Q Did you videotape it?

25 A No, we didn't. This is a similar flotation

1 instrument where the Co-op would have been collecting the

2 early baseline data from and we collected our samples from

3 the same apparatus in the center of the canal, we follow

4 that in here to the equalization.

5 Q That's different than the first test, because

6 you collected it from your own apparatus at Site A, you

7 collected the samples from your own apparatus?

8 A No, we hung off their apparatus also, I believe

9 -- or no, we hung off the trash rack, but essentially it

10 was in the same position relative to their sampling

11 location.

12 Q But is the water that you are receiving in this

13 photograph coming from their sampler or is it coming from

14 your sampler?

15 A It's coming directly from the canal in fairly

16 close proximity to where they are collecting their

17 samples. It comes into the equalization tank and then this

18 would have been a situation before we had constructed that

19 flocculation step that I showed you previous, so all we

20 have here is the caustic addition, ferric sulfate addition,

21 microfiltration unit. That is Van Dokas, again, standing

22 beside there.

23 Q This blue container is what, the backwash?

24 A That's the backwash container, yes.

25 Q What about this red container over there?

1 A That would have just been liquid refreshment.

2 Q Okay, photograph 28?

3 A This is a shot of the pump house at Site B and

4 this was from the discharge side of the pump house, so we

5 had set up diagonal down in there somewhere.

6 Q Okay, to the right?

7 A Or to the other side of the canal, to the front

8 side, around the front side of the pump house.

9 Q Okay, photograph 29?

10 A This is the suction side of the pump house at

11 Site B. We would have been set up on the same side of the

12 canal from where this photograph was taken, just upstream a

13 little bit.

14 Q Okay, photograph 30?

15 A This was taken at Site B and it's a picture of

16 the process prior to adding the flocculation step. It

17 shows the equalization, caustic addition, pre-strainer

18 unit, the ferric addition point microfiltration unit,

19 backwash collection tank.

20 Q What is this in the top right corner?

21 A This?

22 Q Um-hum.

23 A I believe that was a solar energy panel that was

24 set up such that it could drive these auto samplers during

25 certain times. I am not sure of the efficiency or how

1 often they used it, but that was my understanding of what

2 it was.

3 Q Okay, photograph 31?

4 A This is taken at Site B, it shows the process

5 from another angle, the backwash tank, this would have been

6 the filtrate coming down this way.

7 Q The green?

8 A Yeah, the brighter green hose.

9 Q What is that on the back?

10 A That's the air compressor and then next to it

11 would have been the generator.

12 Q Okay, photograph 32?

13 A This is another angle of the same process. You

14 can see here better the compressor, the generator which

15 drove some of this equipment, caustic addition,

16 equalization, ferric sulfate, microfiltration unit itself.

17 Q Next is photograph 33?

18 A This was taken at Site A and this just shows you

19 what was inside lock box 923 and --

20 Q What is that?

21 A That, to my understanding, is an auto sampler

22 and that collects the concentration samples for the early

23 baseline program. We really had nothing to do with that on

24 site, the only reason I took a picture of that is the other

25 consultants who were undertaking that work happened to be

1 on site the same day.

2 Q Oh, so it was open?

3 A So it was open, yeah.

4 Q Who were they?

5 A I'm not sure who they were.

6 Q Do you know what company they were with?

7 A I don't.

8 Q Were these other consultants out there the

9 entire time you were out there?

10 A No. They were in and out in about a half hour

11 or so. They just opened it up and collected their sample,

12 I believe their sample, and went off to another site.

13 Q Did they ask you what you were doing?

14 A No. They weren't inquisitive at all.

15 Q Okay, photograph 34?

16 A This is a photo of two staff from KBN

17 Engineering who, at the end of one of our days, did some

18 sampling to see what microfiltration were due to mercury.

19 Q Who were those people?

20 A This is John Good and Jane, I can't recall

21 Jane's last name.

22 Q Were they out there the whole time that you were

23 out there?

24 A No. This was at Site A and they were there for

25 two or three days. Most of those days they spent just

1 waiting for us to finish our work so they could do theirs.

2 It was very difficult to schedule how long our work was

3 going to take prior to actually going out and doing it, so

4 there was a lot of standing around on their part for a

5 couple of days, and then when we were satisfied that our

6 work was completed, then we let the unit run and they were

7 able to do whatever sorts of sampling they wanted.

8 Q Oh, they used your unit to gather their samples?

9 A To process their samples. What they did was

10 they collected effluent from our unit, but their raw water

11 sample they collected through this procedure. They had

12 their own sampling protocol for mercury which they

13 followed, so they would have collected all our samples by

14 themselves in special sample bottles, et cetera, and this

15 additional raw water sample.

16 Q Why did they need your effluent?

17 A Well, I think that they were interested to see

18 if they found mercury, for example, in their raw water

19 sample, what the effluent mercury level was like and to see

20 if they could make any determination if microfiltration

21 altered that concentration at all.

22 Q So they ran their tests all the days that you

23 ran your tests?

24 A No. They only ran their tests the last day, and

25 from my recollection, probably two or three hours periodic

1 junctures during that total time they collected samples at

2 various points during or along the process.

3 Q Did they collect different samples, meaning that

4 the samples were different as to how much ferric sulfate

5 you had added?

6 A No. What we did was we set the ferric sulfate

7 dosage, I believe at our final dosage, which would have

8 ended up being between five and six milligrams per liter,

9 and we let that run continuously through the system while

10 they were doing their work.

11 Q So they just collected bottles with that same

12 concentration?

13 A Yeah. But now that I think of it, I think that

14 it was likely at the two milligram per liter, two to three

15 milligram per liter dosage.

16 Q At a lower dosage?

17 A At a lower dosage, because by that point we had

18 determined -- I would have to check my field notes, but

19 from recollection, I think that at that point we were

20 fairly confident that that dosage was doing what we wanted

21 it do. That was the whole key, so that we could run it at

22 our optimum dosage for them, so I'm pretty sure that we

23 cranked it back to a lower dosage while they were doing

24 their work.

25 Q And then what did they do with the samples that

1 they collected?

2 A I'm not sure, they just drove off with them.

3 Q They haven't reported back to you?

4 A No.

5 Q So you don't know whether or not your process

6 has any effect on the mercury?

7 A No, I don't. As Earl said in his deposition, he

8 received one set of data from KBN and now I have seen that

9 set, but I couldn't tell you what those numbers say today,

10 I never had a good look at them, but I knew that that

11 existed once upon a time.

12 Q Okay, are they going to report back to you the

13 results or is what they gave you all that they are going to

14 give you?

15 A Yeah. They were working, from my understanding,

16 they were working for the Co-op and I was never of the

17 understanding that we were going to use their results in

18 any of our reports. They were responsible for their own

19 reporting.

20 Q So you haven't seen the results of their tests

21 and they are not going to bring it back to you? That's two

22 questions. You haven't seen the results of their tests?

23 A I have seen a fax copy of the results of their

24 tests.

25 Q Did you produce that for us?

1 A I don't know where it is, it's in Earl's files.

2 MS. HOGAN: Do you know if that was produced to

3 us, Mr. Sams?

4 MR. SAMS: I don't, I haven't reviewed those

5 files.

6 MS. HOGAN: If you haven't, could you check this

7 afternoon during lunch to find out if that was

8 something we received?

9 MR. SAMS: Let's go off the record.

10 (Discussion off the record.)

11 BY MS. HOGAN:

12 Q You said you have seen a fax?

13 A Yes.

14 Q Do you know from whom and to whom?

15 A No. Earl had it in his hand one day.

16 Q Do you know when it came in?

17 A It would have been shortly after this program.

18 Q Was it a one page document or a two page

19 document?

20 A One page.

21 Q Are you going to do any testing on your own to

22 find out what effect microfiltration has on mercury?

23 A Not to my knowledge. We're -- my understanding

24 is we are generally focusing on nutrient removal

25 capabilities and mercury is out of our area of expertise.

1 Q Okay, photograph number 35?

2 A This was taken at Site A, looking up the canal

3 -- excuse me, down the canal. This would have been where

4 our system was set up here, the backwash tank. It looks

5 like we are preparing for an afternoon rain shower there.

6 Q Oh, with the blue cover?

7 A Yes, the tarp.

8 Q Did it rain while you were out there?

9 A At Site A not as often as Site B. I think I can

10 remember maybe a couple of times very late in the afternoon

11 it rained at Site A. At Site B, it was fairly punctual,

12 late in the afternoon, it came down.

13 Q The rain?

14 A Yes.

15 Q Would you test during that time while it was

16 raining?

17 A No.

18 Q Did you test after the rain?

19 A Yes, on some occasions.

20 Q Is that reflected in your notes --

21 A Yeah.

22 Q -- at what point your tests were taken, whether

23 it's raining or not?

24 A Yeah.

25 Q Does it reflect how long it rained?

1 A I'm not sure if they are that specific. It

2 probably would have just said -- it might have, short,

3 heavy downpour, something of that nature.

4 Q Was it a heavy downpour?

5 A In some cases it was, yes.

6 Q About how long did it rain everyday punctually?

7 A Well, it varied. I mean, I think some days it

8 probably rained for a half hour, an hour, some days it

9 could have rained longer.

10 Q When it rained, did you have to change any of

11 the levels of the chemicals that you were using?

12 A No.

13 Q Did it have an effect on the water that was

14 being taken in?

15 A Yeah, we found more suspended solids in the

16 water following the heavy rain.

17 Q So what adjustments, if any, did you make, or

18 did you not make any adjustments?

19 A We didn't make any adjustments.

20 Q What is this red sign up there?

21 A That's a buried cable sign, "Danger, buried

22 cable" sign. I don't know what that is, could be, you

23 know, potentially it could be electric running through to

24 the auto sampler, I'm not sure.

25 Q How many days were you at Site A?

1 A At Site A, if memory serves, five days.

2 Q And how many days were you at Site B?

3 A Site B, three days.

4 Q So when you were at Site A you're saying for

5 five days, about how many of those days did it rain?

6 A I would have to check my notes.

7 Q And at Site B it rained everyday?

8 A At Site B it rained everyday. The pumps were

9 operating from the time we got there until the time we

10 left.

11 Q Let's go to the next picture, that's number 36?

12 A This is a shot at Site A, the process, Van

13 taking some --

14 Q You didn't take any pictures when it was

15 raining?

16 A No, we ran for cover. This is Van taking some

17 notes probably of the pressures that I was mentioning

18 before of the unit.

19 Q Okay, photograph 37?

20 A This is Van doing some testing in the back of

21 the van. We had a portable pH temperature conductivity

22 unit and also a portable chlorimeter, which gave us some

23 field numbers for iron and phosphorus concentrations that

24 we found at the certain points in the stream, so we would

25 do, for example, when we --

1 Q When you say at certain points in the stream?

2 A I really meant to say in the process. For

3 example, those bottles I was showing you before, raw

4 infiltrate, backwash, we could get an initial reading in

5 the field on those numbers. And similarly, I think more

6 importantly was the iron dosage that before we would run

7 any test run or collect any samples, we could confirm the

8 dosage that we were actually adding to the stream.

9 Q All right, well, who is this person?

10 A Van Dokas.

11 Q What is his position, what does he do?

12 A He is a senior field technologist with our firm.

13 Q What's your position?

14 A I am an environmental planner.

15 Q So who coordinated this testing, I mean, under

16 whose direction?

17 A Earl Shannon was the ultimate coordinator,

18 project director.

19 Q Who was in charge of it while you were out in

20 the field?

21 A Technically I was probably in charge of the

22 field activities, but in reality we worked very closely.

23 Van has some good experience in pilot work, so a lot of the

24 details, you know, the actual plumbing and such, he was

25 extremely helpful.

1 Q Had you done this type of testing before, pilot

2 testing?

3 A No, I hadn't.

4 Q Was this your first field testing --

5 A No.

6 Q -- that you had participated in?

7 A No.

8 Q So this was your first what kind of a test, I'm

9 sorry?

10 A It was the first pilot scale treatment testing I

11 had done.

12 Q That you had done?

13 A Um-hum.

14 Q Ever?

15 A Ever.

16 Q And he is an employee with CH2M HILL?

17 A Yes.

18 Q I'm trying not to mix up those letters.

19 Photograph 38?

20 A This was taken at Site A and shows the four pump

21 houses on the suction side.

22 Q Let me go back to this picture with Van, you

23 were taking photographs, what did you do out on the site?

24 A I collected samples. Van was basically in

25 charge of these field monitoring units, but other than

1 that, I would have monitored the pressures, I would have

2 collected samples and I would have helped configure the

3 system, I would have been on the phone to headquarters

4 every once in a while.

5 Q Okay, photograph 39. How many other people

6 were out there with you?

7 A It varied. The first day we had some support

8 from our Deerfield Beach office, two fellows were out there

9 to help us get the equipment out and running.

10 Q Do you know what their names are?

11 A Sure, Steve Lavinder and Troy Lyn.

12 Q What's Steve's position?

13 A He is the project -- they are both project

14 engineers.

15 Q And they were there for the?

16 A They were there for the first day.

17 Q To set it up?

18 A Right, along with Jim Vickers of Memtec, who

19 manufactures the unit. He was there for most Site A

20 activities. He wasn't there the final day when we took the

21 system apart and packed it up to move to Site B, but from

22 recollection, he was there the other days.

23 The other person that was there was Jim Lozier

24 of our Gainesville office. He came in the second day and

25 half of the third day. He is an engineer also who

1 specializes in membrane technology and who had some

2 familiarity with this unit.

3 Q He had used it before or something?

4 A Yeah.

5 Q In connection with what?

6 A Some other -- another job of his.

7 Q Was it related to the Co-op?

8 A No.

9 Q Who was it related to, on behalf of whom?

10 A It was in Florida, Reedy Creek. I'm not sure

11 who the client was.

12 Q Who else was out there?

13 A Oh, there was two Co-op staff that were

14 sometimes out there, sometimes not, Joel Arieta and David

15 Mahoney, who are, I'm not sure of their exact positions,

16 they are in charge of maintaining all the early baseline

17 equipment and a lot of the field procedures that are going

18 on out there, so they were very helpful in terms of running

19 out to get us any supplies or anything that we needed.

20 Q They were there the whole time?

21 A Off and on, you know, they would usually meet us

22 on the site in the morning to see if there is anything we

23 needed or they would drop back every couple of hours just

24 to check that we hadn't fallen into the canal or something.

25 Q Were there any other people out there?

1 A No. Once in a while there would be people

2 driving by, Co-op employees, but those were the sort of

3 corps group that had any knowledge of what was going on.

4 Q Do you know if any employees or people connected

5 with the Sugar Cane League came out to observe what you

6 were doing?

7 A Not to my knowledge. Actually I think the

8 District staff -- the reason I'm a bit fuzzy on this is

9 because I was told that a couple of District staff were

10 going to come and have a look at what we were doing, but I

11 can't say conclusively whether they ever showed up or not.

12 Q District meaning whom?

13 A South Florida Water Management District. I have

14 a fuzzy recollection that they did drop out for a half hour

15 and just sort of walk around.

16 Q What day was that?

17 A I don't know.

18 Q At what site?

19 A That would have been at Site A.

20 Q Did you have a fuzzy idea of who they were?

21 A No.

22 Q Do you have a fuzzy idea of maybe how many

23 people there were, two people or one person?

24 A No.

25 Q Men or women?

1 A (Witness shakes head negatively.)

2 Q No?

3 A No.

4 Q All right, let's move on to the next photograph,

5 photograph number 40?

6 A This was taken at Site A and this is a picture

7 of the process, it would have been on the first day. The

8 reason I say that is these buckets here with this

9 instrument sticking out, it looks like it was part of our

10 jar testing activities the first day.

11 Q The buckets were part of the jar testing?

12 A Yeah. We would have collected a large sample

13 quantity in there and probably just flocculated it by hand

14 with that rapid mixer to see if we could discern any

15 settling out after adding the ferric.

16 Q About what time would you start everyday?

17 A We would be on site by probably 8:00 in the

18 morning.

19 Q And then you would leave at what time?

20 A Depending on the rain, there was some days that

21 if it was looking very ominous around 4:30 or 5:00, we

22 would have left for the day. Other days where we would

23 have sat out the rain and worked until 7:30 or 8:00. If it

24 was perfect weather, we probably would have left around

25 6:00, 6:15.

1 Q Photograph 41?

2 A This is a picture from site A and this is Jim

3 Vickers and Jim Lozier. This would have been again during

4 the jar testing stage -- excuse me, that would have been on

5 the second day, I believe, that we were doing this jar

6 testing, the first day was just setup. That's about it, it

7 looks like we have the system set up and we're just trying

8 to determine appropriate dosages.

9 Q Okay, photograph 42?

10 A This was taken at Site A, it would have been

11 standing on that walkway across the canal, looking down the

12 canal, would have been the staff gauge that we saw

13 previously at the sampling location for the Co-op's early

14 baseline samples.

15 Q So their sample was taken from the middle of the

16 canal?

17 A Yeah, it would have been roughly the middle.

18 Q And your sample was taken from the side of the

19 canal?

20 A No, it was also taken from the middle, but a

21 couple of feet downstream from the location.

22 Q Your pump was just set up on the side of the

23 canal?

24 A That's right.

25 Q And photograph 43?

1 A This is a similar shot taken from the walkway,

2 it would have been looking toward the side of the canal

3 where we were set up, it shows the staff gauge and the

4 sampling location. It looks like it was taken early in the

5 morning or late in the afternoon, because our generator and

6 air compressor are covered with the tarp.

7 Q So you would leave them out there at night?

8 A Yes.

9 Q And just cover them?

10 A Yes.

11 Q And then you would cover them while it rained?

12 A Um-hum.

13 MS. HOGAN: During lunch we will make the

14 numbers correspond to the copies that you have given

15 me.

16 MR. SAMS: The numbers should be on the back of

17 the copies.

18 MS. HOGAN: Oh, sure, great.

19 BY MS. HOGAN:

20 Q Mr. Boehmer, how long have you done work on

21 behalf of the Sugar Cane Growers Co-op?

22 A Personally?

23 Q Yes.

24 A Since last June.

25 Q Last June of '93?

1 A Yes.

2 Q Had you ever done any work with them before or

3 for them before?

4 A No, I hadn't.

5 Q And the work that you did for them was in

6 connection with your employment with CH2M HILL?

7 A That's right.

8 Q How did you become involved with working with

9 them in June of 1993?

10 A I was approached by Earl Shannon to provide

11 support in some of the activities that he was undertaking

12 with them.

13 Q Had you analyzed any data that was related to

14 the Co-op farms before that time or reviewed any documents

15 relating to the Co-op or the EAA before June of 1993?

16 A No, I hadn't.

17 Q So your first experience with the Co-op or with

18 the EAA was in June of 1993?

19 A That's right.

20 Q And Dr. Shannon just approached you and asked

21 you what?

22 A Well, he asked me what my schedule was like over

23 the next few months and I said that I would likely have

24 some time and he approached me about getting involved with

25 a body of work that he was getting going.

1 Q What was the nature of that work, did he explain

2 that to you, what he would be doing?

3 A Yeah. In the initial stages, we had discussed

4 preparing a report for the Co-op which compared different

5 treatment alternatives or mitigative treatment

6 alternatives.

7 Q Treatment for what?

8 A Treatment for phosphorus. So you know, the

9 first few days, that's what I did when I started with the

10 SWIM plan and started to work my way a little bit through

11 the literature from that, but I think Earl has made

12 available a draft table of contents that he put together

13 for the Cooperative, probably last July, outlining some of

14 the areas that we discussed and that's what I initially was

15 working toward.

16 Q Toward?

17 A Toward helping draft some of those sections of

18 the report that Earl was going to prepare for the Co-op.

19 Q Regarding the SWIM plan?

20 A Regarding the SWIM plan and alternatives that he

21 felt could achieve some of the same goals and objectives.

22 Q What aspects of the SWIM plan did you look at?

23 A In those initial days, I basically looked in a

24 cursory sense at the planning document, the front end

25 document, just to get a general big picture view of the

1 situation. I didn't analyze in depth any particular

2 components of it.

3 Q And then what did you do?

4 A I, from recollection, the next step was

5 beginning to prepare the microfiltration field program.

6 Q You said that Dr. Shannon was going to prepare a

7 report, I guess, regarding the SWIM plan, so was that going

8 to be pro SWIM plan or just analyzing what it was all

9 about?

10 A It was my understanding that it was going to

11 discuss alternatives in addition to the SWIM plan perhaps

12 that weren't addressed in the SWIM plan, but were working

13 towards some of the same goals.

14 Q Was it a critique of the SWIM plan?

15 A That wouldn't have been my impression. I think

16 it would have been more presenting other alternatives.

17 Q And what alternatives were you going to look at

18 or was he going to look at?

19 A I think the primary ones were microfiltration,

20 direct filtration and Best Management Practices, they are

21 part of the SWIM plan, but I guess a combination of those

22 technologies.

23 Q What was your involvement, what did you do with

24 that aspect, looking at the alternatives, what were you to

25 do?

1 A Well, the way it worked out, I helped Earl

2 develop a field program for microfiltration and I carried

3 that out and then I supported Earl in the subsequent

4 technical memoranda that emanated from that program.

5 Q When you say you developed a field program, what

6 was that, what did that encompass?

7 A Well, it encompassed determining where in the --

8 at what process points, for example, we would want to

9 collect samples from. It would have included lining up the

10 field equipment, the rental and such. It would have

11 included liason with the laboratory, just basically

12 organizing all the different angles that would get that

13 program in place.

14 Q What was his theory as to what microfiltration

15 could do, what were you hoping to prove?

16 A Well, I think that we were hoping to prove that

17 microfiltration was an alternative in the sense of either

18 -- well, an alternative to other technologies in terms of

19 the water quality that it produced and in an economic

20 sense, that the cost of implementation would be comparable

21 to some of the other alternatives.

22 Q And those alternatives would have been what?

23 A STA's and direct filtration, apparently.

24 Q Did you draft any materials for Dr. Shannon?

25 A Yes, I would have drafted materials for him.

1 Q What types of materials did you draft?

2 A I would have drafted technical memoranda, which

3 we would work fairly closely on the verbal level,

4 discussing the content and such of technical memoranda, but

5 I would have put together a first draft for Earl to work

6 with.

7 Q And did you produce the materials that you

8 drafted for Dr. Shannon today?

9 A Yes.

10 Q So any materials that you drafted for Dr.

11 Shannon, you have produced?

12 A Yes.

13 Q What other work have you done or are you doing

14 on behalf of the Co-op?

15 A That's the extent of my involvement since June

16 '93 in the work I just described.

17 Q Have you done any work on behalf of the Florida

18 Sugar Cane League or U.S. Sugar?

19 A No, I haven't.

20 Q Are you aware of any of the studies that they

21 are conducting regarding phosphorus removal in the EAA?

22 A No, I'm not.

23 Q Have you had any contact with them as to the

24 results of the work that you have done, have you prepared

25 any reports for them or to them?

1 A No.

2 Q Are you aware of whether they have received any

3 copies of the work that you have done, the technical

4 memoranda that you have produced?

5 A I'm not aware that they have.

6 Q Have you approached them about doing any

7 microfiltration studies or further testing for them?

8 A No, I haven't.

9 Q They were originally contacted, though, in

10 connection with your first proposal, correct?

11 A That's right.

12 Q So you did have some kind of contact with them?

13 A Well, not me personally. That was before I got

14 involved on the project that that proposal was presented to

15 them, from my understanding.

16 Q You didn't have anything to do with that

17 proposal, setting that up at all?

18 A Not the original proposal, no, I didn't.

19 Q The second proposal that's been proposed, has

20 there been a second proposal?

21 A There's been a letter proposal, a very brief two

22 page proposal, I believe, that was sent to the Co-op.

23 Q Do you know whether that was sent to the League

24 as well, if they had been asked to participate with that?

25 A It's my understanding it wasn't.

1 Q Do you know whether they will be asked to

2 participate, has there been discussion about that?

3 A There's been no discussion that I have been

4 privy to.

5 Q Can you summarize for us your education after

6 high school?

7 A Sure, I did a four year honours degree in the

8 bachelor of environmental studies, majoring in geography,

9 at University of Waterloo from '80 to '84. And during 1991

10 and -- '91/92, I returned to do my master's in regional

11 planning and resource development.

12 Q So you have a B.S.?

13 A B.E.S. and M.A.

14 Q And the B.E.S. is in what?

15 A Bachelor of environmental studies.

16 Q Then you returned to do master's work?

17 A Yes, in 1991.

18 Q And has that work been completed?

19 A Yes, it has.

20 Q And you have a master's in what?

21 A Master of arts in regional planning and resource

22 development.

23 Q And you got that in 1991, you completed that in

24 1991?

25 A Yeah, but I wouldn't have gone to my graduation

1 ceremony until 1992.

2 Q Have you done any other studying, any other

3 graduate work after 1992?

4 A No.

5 Q Have you begun any Ph.D. work, any doctoral

6 work?

7 A No, not in a formal sense.

8 Q Then can you summarize your work experience for

9 us, where you have worked, what you have done?

10 A Sure. Following my undergraduate degree, I

11 worked for Environment Canada, which is our Federal

12 Department of Environment, on a contract basis, for two

13 contract terms, so I would guess six to eight months, where

14 I did some water quality work primarily. I coordinated the

15 day-to-day water quality network for some rivers that we

16 were monitoring up in northern Canada, did some basic

17 laboratory work in preparing bottles and that sort of

18 thing, compiling data. When that contract ran out, I found

19 employment with ChemViron Consultants, which was the

20 predecessor to CH2M HILL.

21 Q What year was that?

22 A That was 1985, I believe. That was Earl's

23 company, which was later bought out by CH2M HILL in, I

24 don't know, '86 or '87, so I began working for them at that

25 point. When I started off with CH2M HILL, I worked in the

1 hazardous waste division and was primarily involved in site

2 investigations where we were undertaking remedial

3 investigation -- or contamination assessment/remedial

4 investigations of various properties that had environmental

5 problems.

6 Q Where were those properties located, all in

7 Canada?

8 A I actually spent one winter in Florida at our

9 Deerfield Beach office as sort of a company exchange

10 program, where I worked on the site in Riviera Beach.

11 Q What types of contamination were you looking at?

12 A At that site in particular?

13 Q Um-hum.

14 A It would have been volatile organic compounds,

15 if I remember correctly, it was trichloroethylene.

16 Q Where does that come from, where do those toxics

17 come from?

18 A It came from an industrial process just handling

19 procedures.

20 Q And what kinds of water were these toxics -- or

21 was it water, was it contamination of land or what?

22 A It was ground water that they were concerned

23 about.

24 Q In what area of Florida, what specific are?

25 A Riviera Beach is just north of Deerfield Beach.

1 It's in Broward, I believe. It's just north of West Palm

2 Beach.

3 Q Did it affect the Everglades or the wetlands

4 area at all, do you know?

5 A No. It was, from my understanding, was a

6 localized problem.

7 Q And then in Canada, what bodies of water did you

8 study toxic dumping or whatever?

9 A Well, my work --

10 MR. SAMS: Object to the form.

11 BY MS. HOGAN:

12 Q You can go ahead and answer.

13 A My work in hazardous waste and hydrogeology

14 primarily was on similar issues where it would have been

15 contamination primarily of ground water resources, so in

16 that sense they were quite localized.

17 Q Lakes and rivers?

18 A No, more recently I have been involved in some

19 water shed planning jobs where we certainly do examine the

20 water quality of lakes and rivers of water sheds in

21 Ontario.

22 Q What's a water shed, how is that different from

23 a lake or a river?

24 A A water shed encompasses land area also,

25 basically a drainage unit, so any land that would drain

1 into a river or a lake would be a water shed of that river

2 or lake.

3 Q So initially you studied toxic dumping or the

4 effect of toxic chemicals when you began to work with Dr.