Preview
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
In the Matter Of:
007549/2013
THE STATE OF NEW YORK, et al.
V.
COVANTA HEMPSTEAD COMPANY, et al.
Videotaped deposition of Kenneth Straitz
Tuesday, March 3, 2020
CONFIDENTIAL
CONDENSED
330 West 38th Street
Suite 404
New York, NY 10018
tel: 646 650 5055
www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
2
SUPREME COURT OF THE STATE OF NEW YORK 1 A P P E A R A N C E S :
COUNTY OF NASSAU 2 HOFFNER PLLC
Attorneys for Plaintiff-Relator
Index No. 007549/2013 3 800 Third Avenue, 13th Floor
-------------------------------------- New York, New York 10022
THE STATE OF NEW YORK, TOWN OF 4
HEMPSTEAD, TOWN OF BROOKHAVEN, BY: DAVID HOFFNER, ESQ.
5 hoffner@hoffnerpllc.com
INCORPORATED, VILLAGE OF GARDEN CITY 6
and LONG ISLAND POWER AUTHORITY ex rel. 7
EPR CORP. and PATRICK FAHEY, KIRBY McINERNEY LLP
Plaintiffs, 8 Additional Counsel for
Plaintiff-Relator
-against- 9 250 Park Avenue, Suite 820
COVANTA HEMPSTEAD COMPANY and New York, New York 10177
COVANTA HOLDING CORPORATION, 10
BY: NICOLE VENO, ESQ.
11 nveno@kmllp.com
Defendants. 12
13
-------------------------------------- JENNER & BLOCK
14 Attorneys for Defendants
919 Third Avenue
CONFIDENTIAL 15 New York, New York 10022
16 BY: WILLIAM S.C. GOLDSTEIN, ESQ.
VIDEOTAPED DEPOSITION OF KENNETH wgoldstein@jenner.com
17
STRAITZ, held at Jenner & Block, 919 Third RÉMI J.D. JAFFRÉ, ESQ.
Avenue, New York, New York, on Tuesday, 18 rjaffre@jenner.com
March 3, 2020, at 9:28 a.m., before Debra 19
Stevens, a Certified Realtime and 20
21
Registered Professional Reporter and ALSO PRESENT:
Notary Public within and for the State of 22
New York. CHRIS MARTIN, Videographer
23
24
25
3 4
1 E X A M I N A T I O N S 1 E X H I B I T S
2 WITNESS PAGE
3 KENNETH STRAITZ
2
4 By Mr. Hoffner 8 STRAITZ
5 3 EXHIBIT DESCRIPTION PAGE
6
E X H I B I T S 4 Exhibit 11 Email dated 4/17/06 180
7 5 Exhibit 12 Emails 191
STRAITZ 6 Exhibit 13 Email chain 209
8 EXHIBIT DESCRIPTION PAGE
9 Exhibit 1 Memorandum dated 69 7 Exhibit 14 Emails, April 2006 217
1/18/06, Bates COV 8 Exhibit 15 Email dated 4/28/06 227
10 9221 through COV 9222 9 Exhibit 16 Emails 231
11 Exhibit 2 Document, Bates 49394 77
through 49418 10 Exhibit 17 Email, dated 5/17/06 236
12 11 Exhibit 18 Letter dated 6/30/06 240
Exhibit 3 Hempstead Resource 126
13 Recovery Facility's 12 Exhibit 19 Email, August 2006 252
Ash Residue 13 Exhibit 20 Email dated 8/3/06 254
14 Management Plan, 14 Exhibit 21 Memo dated 10/17/06 261
revised June 2006
15 15 Exhibit 22 Emails 266
Exhibit 4 Title V Operating 140 16 Exhibit 23 Email 269
16 Manual, Procedures 17 Exhibit 24 Email dated 12/13/06 274
for Handling Ash,
17 December 2006 18 Exhibit 25 Email 279
18 Exhibit 5 Ash plan, October 142 19 Exhibit 26 Email 282
2009
19 20 Exhibit 27 Calendar entry from 286
Exhibit 6 Emails, 2006 157 July 2007
20 21
Exhibit 7 Emails 162
21 Exhibit 28 March 14th QEM memo 288
Exhibit 8 Emails, April 2006 166 22
22 Exhibit 29 Monthly Report 290
Exhibit 9 Emails, April 2006 171
23 23
Exhibit 10 Email, April 2006 174 24
24
25 (Continued) 25 (Continued)
1 (Pages 1 to 4)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
5 6
1 E X H I B I T S 1 INFORMATION/PRODUCTION REQUESTS
2 2
STRAITZ DESCRIPTION PAGE
3 EXHIBIT DESCRIPTION PAGE
3
4 Exhibit 30 June 2008 Monthly 292
Report Original spreadsheet from 374
5 4 December 2014
Exhibit 31 9/5/08 QEM memo 301 5 Original metadata for Straitz 413
6 Exhibit 46
Exhibit 32 Email chain dated 306 6
7 3/20/09
8 Exhibit 33 Notice to ash crane 310 Every version of Straitz Exhibit 424
operators 7 46
9 8 Spreadsheets for other shift 427
Exhibit 34 Facility Weekly 314 supervisors under Mr. Straitz's
10 Status Report 9 direction at transfer facility
11 Exhibit 35 Facility Weekly 319 10
Status Report
12 11
Exhibit 36 August 2009 Monthly 321 12
13 Report 13
14 Exhibit 37 September 2009 email 324 14
15 Exhibit 38 QEM memo 328 15
16 Exhibit 39 Email 330 16
17 Exhibit 40 6/14/11 QEM memo 336
18 Exhibit 41 Presentation 340 17
19 Exhibit 42 Email chain 359 18
20 Exhibit 43 Appointment calendar 368 19
entry dated 7/20/15 20
21 21
Exhibit 44 Affidavit of Kenneth 378 22
22 Straitz dated 5/24/17
23 Exhibit 45 Email 390 23
24 Exhibit 46 Metadata sheet 412 24
25 (Continued) 25
7 8
1 1
2 THE VIDEOGRAPHER: Good morning. 2 Hoffner PLLC, and Nicole Veno, Kirby
3 We are on the record.My name is 3 McInerny, for Plaintiffs.
4 Chris Martin. I am the videographer 4 MR. JAFFRÉ: Rémi Jaffré and
5 here for Little Reporting.
Today's 5 Billy Goldstein, of Jenner & Block,
6 date is March 3, 2020, and the time is 6 for Defendants.
7 9:28 a.m. 7 THE VIDEOGRAPHER: At this time
8 This deposition is being held at 8 the court reporter, Debby Stevens,
9 the office of Jenner & Block, 919 9 also with Little Reporting, will swear
10 Third Avenue, New York, New York. The 10 in the witness.
11 caption on this case is the State of 11 Whereupon,
12 New York, et al., versus Covanta 12 KENNETH STRAITZ,
13 Hempstead Company and Covanta Holding 13 having been first duly sworn/affirmed,
14 Corporation, case filed in the Supreme 14 was examined and testified as follows:
15 Court of the State of New York, County 15 EXAMINATION BY
16 of Nassau, Index No. 007549/2013. The 16 MR. HOFFNER:
17 name of the witness is Kenneth 17 Q. Good morning, Mr. Straitz.
18 Straitz. 18 A. Good morning.
19 Once again, please be aware the 19 Q. A number of questions for you
20 microphones are sensitive and can pick 20 today regarding your tenure at Covanta.
21 up whispers and private conversations. 21 We represent the Plaintiffs in this
22 At this time, will counsel 22 action. If there are any questions,
23 please introduce themselves for the 23 anything you don't understand, please
24 record. 24 don't hesitate to ask me to clarify or to
25 MR. HOFFNER: David Hoffner, 25 restate the question, please.
2 (Pages 5 to 8)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
9 10
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 What is your current address? 2 Q. Did you retire honorably?
3 A. Home address? 3 A. Yes.
4 Q. Yes. 4 Q. What rank did you retire with?
5 A. 716 South Pecan Street, 5 A. E6. E6, machinist mate, first
6 Lindenhurst, New York. You want the zip? 6 class.
7 Q. Sure. 7 Q. So what -- what year did you
8 A. 11757. 8 retire from the Navy?
9 Q. How long have you resided there? 9 A. 1988.
10 A. 17 years. 10 Q. What year did you graduate high
11 Q. Briefly can you summarize for us 11 school? I'm sorry.
12 your education? 12 A. 1982.
13 A. Strictly United States Navy, 13 Q. Upon leaving the service, did
14 submarines, nuclear-powered submarines. 14 you become employed?
15 Q. Did you graduate from high 15 A. I did.
16 school? 16 Q. What was your first job after
17 A. I did. 17 leaving the service?
18 Q. Where was that? 18 A. With American Ref-Fuel.
19 A. MacArthur, in Wantagh. 19 Q. What was American Ref-Fuel?
20 Q. Right after that you joined the 20 A. American Ref-Fuel was in the
21 Navy? 21 process of constructing a waste-to-energy
22 A. Correct. 22 facility in Westbury.
23 Q. How long did you serve in the 23 Q. And that is today known as the
24 United States Navy? 24 Covanta Hempstead facility?
25 A. Six years. 25 A. That's correct.
11 12
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 Q. Taking a step back, when you 2 scientific training.You know, measuring
3 were in the Navy, what specific expertise 3 things like pH and conductivity and
4 did you develop? 4 certain chemical analysis.
5 A. Several. Machinery -- 5 Q. So you developed an experience
6 operations and maintenance of high -- 6 in testing pH?
7 nuclear reactors, high pressure steam 7 A. Yes.
8 facilities, mechanical engineering, 8 Q. What is pH?
9 chemical engineering, generally spoken. 9 A. I don't know what it stands for
10 Q. And did you receive training in 10 but pH is measured on a scale of 0 to 14.
11 chemical engineering or other such 11 Q. Can you describe to me what that
12 disciplines while you were in the Navy? 12 range means?
13 A. Yes. 13 A. 7 is neutral, below 7 is acidic,
14 Q. Can you briefly describe that 14 above 7 is basic.
15 training? 15 Q. And is that a method of gauging
16 A. It was mainly water chemistry 16 alkalinity?
17 analysis. 17 A. I believe so, yes.
18 Q. Okay. And what did that entail? 18 Q. How did you come to learn about
19 A. Monitoring of the reactor, 19 a position at American Ref-Fuel?
20 nuclear reactor plant water and steam 20 A. Through a recruiter up in -- I
21 generation and the waters associated with 21 was in Groton, Connecticut at the time.
22 the steam systems. 22 There was a recruiter up there that I went
23 Q. And you received scientific 23 and saw.
24 training in order to do that? 24 Q. And what was the position?
25 A. Not -- I wouldn't call it 25 A. Plant operations.
3 (Pages 9 to 12)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
13 14
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 Q. You ultimately were offered that 2 room.
3 position? 3 All the systems that you control
4 A. Correct. 4 the facility from were in the control
5 Q. Okay. And when did you start 5 room.
6 working there? 6 Q. Anything to monitor the
7 A. September 1988. 7 incineration process?
8 Q. And what was your title? 8 A. Sure.
9 A. Assistant control room operator, 9 Q. All the data points with respect
10 I believe, at the time. 10 to that would be available in the control
11 Q. And what was the control room at 11 room?
12 the American Ref-Fuel facility at the 12 A. Absolutely.
13 time? 13 Q. What was your specific role at
14 A. What is the control room? 14 the time?
15 Q. What does the control room do? 15 A. Well, the assistant control room
16 A. That's where all the -- the -- 16 operator, he was the field guy that was
17 it's the hub of operating the facility. 17 out looking at the equipment and taking
18 All your -- you know, your plant functions 18 readings.
19 are located in the control room, all 19 Q. And who was the control room
20 your -- what we call the DCS, distributed 20 operator at the time that I presume you
21 control system to start and stop 21 reported to?
22 equipment, monitoring equipment. All your 22 A. I reported to a shift supervisor
23 environmental monitoring equipment was in 23 at the time.
24 the control room. Your turbine generator 24 Q. Okay. Who was that?
25 monitoring equipment was in the control 25 A. I don't recall who it may have
15 16
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 been. 2 A. Control room operator sits in
3 Q. Who was the control room 3 the control room and he monitors all of
4 operator at the time? 4 the plant operating parameters, all the
5 A. I don't recall that. 5 distributed control systems and
6 Q. Who was the head of the facility 6 communicates via radio with all of the
7 at the time? 7 assistant control room operators, other
8 A. Bill Wareham. 8 operators that are out in the field
9 Q. Can you spell that, please? 9 looking after their responsible equipment.
10 A. W-A-R-E-H-A-M. 10 Q. Does a control room operator
11 Q. Did there come a time that your 11 have any responsibilities with respect to
12 role at the Ref-Fuel facility changed? 12 ash management at the facility?
13 A. Yes, sir. 13 A. No.
14 Q. And when was that? 14 Q. Do you have an understanding
15 A. I was promoted to control room 15 what I mean by "ash management"?
16 operator position, probably in the early 16 A. The loading of, loading of ash
17 nineties. 17 into trucks.
18 Q. So after two to three, perhaps 18 Q. Okay. What ash are you
19 four years on the job you were promoted? 19 referring to?
20 Do you have any better sense of timing? 20 A. Well, the plant-generated ash.
21 A. I would say probably three 21 Q. Can you elaborate on that,
22 years. 22 please?
23 Q. Okay. And how did your 23 A. We burn refuse. The plant burns
24 responsibilities change once you became 24 refuse, and the byproduct is ash by -- if
25 the control room operator? 25 my memory serves, 10 percent by volume and
4 (Pages 13 to 16)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
17 18
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 20 percent by weight, 25 percent by weight 2 together.
3 approximately. 3 Q. That is a mixture of bottom ash
4 Q. Of what? 4 and fly ash?
5 A. Saying the ash is 10 percent of 5 A. Yes.
6 the volume of the waste and about 6 Q. How long did you serve as the
7 25 percent by weight of the -- 7 control room operator?
8 Q. So the solid waste that comes 8 A. I would estimate two to three
9 in -- 9 years.
10 A. Correct. 10 Q. And as a control room operator
11 Q. -- after it is burned at the 11 who did you report to?
12 facility, it is reduced by volume and 12 A. The shift supervisor.
13 weight in the numbers you just indicated? 13 Q. Do you now recall who that was
14 That's what you are saying? 14 during your tenure as control room
15 A. Yes. 15 operator?
16 Q. Are there more than one kind of 16 A. It could have been one of
17 ash produced by the facility as a 17 several people. No, I don't recall.
18 byproduct of its incineration process? 18 Q. Did there come a time where you
19 A. Yes, sir. 19 were no longer serving as the control room
20 Q. What are those? 20 operator at American Ref-Fuel?
21 A. Commonly referred to as "bottom 21 A. Yes, sir.
22 ash" and "fly ash." 22 Q. What happened?
23 Q. Are you aware of the term 23 A. I was promoted to a shift
24 "combined ash"? 24 supervisor position.
25 A. Combined ash would be both ashes 25 Q. When was that?
19 20
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 A. I am going to estimate 1993. 2 Q. And as shift supervisor, did you
3 Q. And what were your 3 have responsibility for supervising --
4 responsibilities as the shift supervisor? 4 scratch that.
5 A. The shift supervisor is 5 How long did you serve as shift
6 responsible for five or six other 6 supervisor?
7 individuals that are running the facility 7 A. I am going to estimate three
8 at any given time. 8 years doing shift work. Three years doing
9 Q. Okay. Are there more than one 9 shift work.
10 shift supervisor at the facility? 10 Q. And then what happened?
11 A. Yes, sir. 11 A. Then I was made -- I was made a
12 Q. As a shift supervisor, were 12 day shift supervisor at that point.
13 there specific employees or processes that 13 Estimate 1996 or '7.
14 you were in charge of? 14 Q. What is the difference between a
15 A. The entire facility, while there 15 shift supervisor and a day shift
16 was -- you know, while there was no 16 supervisor?
17 operations manager there or nobody who was 17 A. Day shift supervisor was
18 my superior, which, you know, shift work 18 obviously someone that worked just day
19 was days and nights. 19 shift, where a shift supervisor would
20 Did I answer your question? 20 rotate between days and nights.
21 Q. I will follow up. 21 Q. So that is a more senior
22 As a shift supervisor, did you 22 position because you have more desirable
23 have responsibility for supervising the 23 hours? Is that the idea?
24 ash crane operators? 24 A. It is not senior by title but it
25 A. Yes, sir. 25 is senior by hours I would say, sure.
5 (Pages 17 to 20)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
21 22
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 More conducive to life. Yes. 2 phase. Dave Gutaker was facility manager.
3 Q. As day supervisor, did you 3 Bill Wareham was facility manager soon
4 continue to have responsibility on 4 after, probably 1991 through approximately
5 supervision of ash crane operators? 5 2001.
6 A. Yes. 6 Q. Then did someone replace
7 Q. How long did you serve as day 7 Mr. Wareham?
8 shift supervisor? 8 A. Steve Bossotti.
9 A. Until approximately 2001. 9 Q. That happened in about 2001 you
10 Q. So from 1996 to 2001? 10 think?
11 A. '96, '97, I would say, yes. 11 A. Correct.
12 Q. Who did you report to as day 12 Q. How long did Mr. Bossotti, to
13 shift supervisor? 13 your recollection, serve as facility head?
14 A. Tom Quartuccio. 14 A. Approximately four years.
15 Q. Was that during your entire 15 Q. To 2005?
16 tenure as day shift supervisor? 16 A. Correct.
17 A. Yes. 17 Q. You served until 2001 as the day
18 Q. Who was the plant manager -- 18 shift supervisor.How did your title or
19 excuse me. 19 responsibility change in 2001?
20 Did the facility head change 20 A. When I was promoted to the
21 during this time? 21 operations manager in 2001.
22 A. Bill -- you know, let me -- 22 Q. What is the operations manager?
23 Q. You mentioned Wareham earlier? 23 A. He is responsible for an
24 A. Can I retract that? I think it 24 approximate operations crew of, at the
25 was Dave Gutaker during the construction 25 time, 40 to 42 people. Overall
23 24
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 responsibility operating the facility. 2 for metals management. I am not sure what
3 Q. So that is basically the number 3 his exact title is.
4 two person at the facility? 4 Q. He works out of the New Jersey
5 A. 2 and 2A, yes. 5 corporate offices?
6 Q. What does that mean? 6 A. I am not sure. He has an office
7 A. There is a maintenance manager 7 there but I am not sure if he actually
8 as well who is sort of, you know -- 8 works there.
9 operations and maintenance manager are 9 Q. At some point in time was
10 sort of on the same level. 10 American Ref-Fuel acquired?
11 Q. So in that capacity you reported 11 A. Yes, sir.
12 to the facility head? 12 Q. When was that?
13 A. Yes, sir. "Facility manager" is 13 A. I want to say 2005.
14 the term. 14 Q. And who acquired American
15 Q. Yes. Thank you. 15 Ref-Fuel?
16 And that would have been 16 A. Covanta.
17 Mr. Bossotti at the time? 17 Q. When you say "Covanta," is there
18 A. That's correct. 18 any specific entity you are referring to?
19 Q. Does Mr. Bossotti remain 19 A. Covanta Energy, Covanta
20 employed at Covanta to your knowledge? 20 Holdings.
21 A. Yes, he does. 21 Q. It's your understanding that the
22 Q. What does he do today? 22 Covanta Hempstead facility is ultimately
23 A. He is -- I don't know what his 23 owned by Covanta Holdings?
24 title -- metals management. He is 24 A. Yes, sir.
25 running -- he is running off-site facility 25 Q. Take one step back. American
6 (Pages 21 to 24)
The Little Reporting Company
(646) 650-5055 | www.littlereporting.com
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013
NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023
Kenneth Straitz March 3, 2020
CONFIDENTIAL
25 26
1 K. Straitz - Confidential 1 K. Straitz - Confidential
2 Ref-Fuel, prior to 2005, owned more than 2 Q. Okay. Did Mr. Wheeler report to
3 one facility, not just the Hempstead 3 you at any time?
4 facility.Correct? 4 A. Not -- not -- not as the
5 A. That's correct. 5 operations manager, no.
6 Q. What other facilities did it 6 Q. Okay. But he was an indirect
7 own? 7 report?
8 A. Niagara, Essex, Delco, SEMASS, 8 A. No. No. He would be reporting
9 SECONN. I think that's it. 9 to the facility manager.
10 Q. Did you have any 10 Q. Okay. What were the
11 responsibilities while employed at 11 environmental engineer's responsibilities
12 American Ref-Fuel with respect to any of 12 at American Ref-Fuel Hempstead?
13 those other facilities? 13 A. Generally speaking, permit
Preview
FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 In the Matter Of: 007549/2013 THE STATE OF NEW YORK, et al. V. COVANTA HEMPSTEAD COMPANY, et al. Videotaped deposition of Kenneth Straitz Tuesday, March 3, 2020 CONFIDENTIAL CONDENSED 330 West 38th Street Suite 404 New York, NY 10018 tel: 646 650 5055 www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 2 SUPREME COURT OF THE STATE OF NEW YORK 1 A P P E A R A N C E S : COUNTY OF NASSAU 2 HOFFNER PLLC Attorneys for Plaintiff-Relator Index No. 007549/2013 3 800 Third Avenue, 13th Floor -------------------------------------- New York, New York 10022 THE STATE OF NEW YORK, TOWN OF 4 HEMPSTEAD, TOWN OF BROOKHAVEN, BY: DAVID HOFFNER, ESQ. 5 hoffner@hoffnerpllc.com INCORPORATED, VILLAGE OF GARDEN CITY 6 and LONG ISLAND POWER AUTHORITY ex rel. 7 EPR CORP. and PATRICK FAHEY, KIRBY McINERNEY LLP Plaintiffs, 8 Additional Counsel for Plaintiff-Relator -against- 9 250 Park Avenue, Suite 820 COVANTA HEMPSTEAD COMPANY and New York, New York 10177 COVANTA HOLDING CORPORATION, 10 BY: NICOLE VENO, ESQ. 11 nveno@kmllp.com Defendants. 12 13 -------------------------------------- JENNER & BLOCK 14 Attorneys for Defendants 919 Third Avenue CONFIDENTIAL 15 New York, New York 10022 16 BY: WILLIAM S.C. GOLDSTEIN, ESQ. VIDEOTAPED DEPOSITION OF KENNETH wgoldstein@jenner.com 17 STRAITZ, held at Jenner & Block, 919 Third RÉMI J.D. JAFFRÉ, ESQ. Avenue, New York, New York, on Tuesday, 18 rjaffre@jenner.com March 3, 2020, at 9:28 a.m., before Debra 19 Stevens, a Certified Realtime and 20 21 Registered Professional Reporter and ALSO PRESENT: Notary Public within and for the State of 22 New York. CHRIS MARTIN, Videographer 23 24 25 3 4 1 E X A M I N A T I O N S 1 E X H I B I T S 2 WITNESS PAGE 3 KENNETH STRAITZ 2 4 By Mr. Hoffner 8 STRAITZ 5 3 EXHIBIT DESCRIPTION PAGE 6 E X H I B I T S 4 Exhibit 11 Email dated 4/17/06 180 7 5 Exhibit 12 Emails 191 STRAITZ 6 Exhibit 13 Email chain 209 8 EXHIBIT DESCRIPTION PAGE 9 Exhibit 1 Memorandum dated 69 7 Exhibit 14 Emails, April 2006 217 1/18/06, Bates COV 8 Exhibit 15 Email dated 4/28/06 227 10 9221 through COV 9222 9 Exhibit 16 Emails 231 11 Exhibit 2 Document, Bates 49394 77 through 49418 10 Exhibit 17 Email, dated 5/17/06 236 12 11 Exhibit 18 Letter dated 6/30/06 240 Exhibit 3 Hempstead Resource 126 13 Recovery Facility's 12 Exhibit 19 Email, August 2006 252 Ash Residue 13 Exhibit 20 Email dated 8/3/06 254 14 Management Plan, 14 Exhibit 21 Memo dated 10/17/06 261 revised June 2006 15 15 Exhibit 22 Emails 266 Exhibit 4 Title V Operating 140 16 Exhibit 23 Email 269 16 Manual, Procedures 17 Exhibit 24 Email dated 12/13/06 274 for Handling Ash, 17 December 2006 18 Exhibit 25 Email 279 18 Exhibit 5 Ash plan, October 142 19 Exhibit 26 Email 282 2009 19 20 Exhibit 27 Calendar entry from 286 Exhibit 6 Emails, 2006 157 July 2007 20 21 Exhibit 7 Emails 162 21 Exhibit 28 March 14th QEM memo 288 Exhibit 8 Emails, April 2006 166 22 22 Exhibit 29 Monthly Report 290 Exhibit 9 Emails, April 2006 171 23 23 Exhibit 10 Email, April 2006 174 24 24 25 (Continued) 25 (Continued) 1 (Pages 1 to 4) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 5 6 1 E X H I B I T S 1 INFORMATION/PRODUCTION REQUESTS 2 2 STRAITZ DESCRIPTION PAGE 3 EXHIBIT DESCRIPTION PAGE 3 4 Exhibit 30 June 2008 Monthly 292 Report Original spreadsheet from 374 5 4 December 2014 Exhibit 31 9/5/08 QEM memo 301 5 Original metadata for Straitz 413 6 Exhibit 46 Exhibit 32 Email chain dated 306 6 7 3/20/09 8 Exhibit 33 Notice to ash crane 310 Every version of Straitz Exhibit 424 operators 7 46 9 8 Spreadsheets for other shift 427 Exhibit 34 Facility Weekly 314 supervisors under Mr. Straitz's 10 Status Report 9 direction at transfer facility 11 Exhibit 35 Facility Weekly 319 10 Status Report 12 11 Exhibit 36 August 2009 Monthly 321 12 13 Report 13 14 Exhibit 37 September 2009 email 324 14 15 Exhibit 38 QEM memo 328 15 16 Exhibit 39 Email 330 16 17 Exhibit 40 6/14/11 QEM memo 336 18 Exhibit 41 Presentation 340 17 19 Exhibit 42 Email chain 359 18 20 Exhibit 43 Appointment calendar 368 19 entry dated 7/20/15 20 21 21 Exhibit 44 Affidavit of Kenneth 378 22 22 Straitz dated 5/24/17 23 Exhibit 45 Email 390 23 24 Exhibit 46 Metadata sheet 412 24 25 (Continued) 25 7 8 1 1 2 THE VIDEOGRAPHER: Good morning. 2 Hoffner PLLC, and Nicole Veno, Kirby 3 We are on the record.My name is 3 McInerny, for Plaintiffs. 4 Chris Martin. I am the videographer 4 MR. JAFFRÉ: Rémi Jaffré and 5 here for Little Reporting. Today's 5 Billy Goldstein, of Jenner & Block, 6 date is March 3, 2020, and the time is 6 for Defendants. 7 9:28 a.m. 7 THE VIDEOGRAPHER: At this time 8 This deposition is being held at 8 the court reporter, Debby Stevens, 9 the office of Jenner & Block, 919 9 also with Little Reporting, will swear 10 Third Avenue, New York, New York. The 10 in the witness. 11 caption on this case is the State of 11 Whereupon, 12 New York, et al., versus Covanta 12 KENNETH STRAITZ, 13 Hempstead Company and Covanta Holding 13 having been first duly sworn/affirmed, 14 Corporation, case filed in the Supreme 14 was examined and testified as follows: 15 Court of the State of New York, County 15 EXAMINATION BY 16 of Nassau, Index No. 007549/2013. The 16 MR. HOFFNER: 17 name of the witness is Kenneth 17 Q. Good morning, Mr. Straitz. 18 Straitz. 18 A. Good morning. 19 Once again, please be aware the 19 Q. A number of questions for you 20 microphones are sensitive and can pick 20 today regarding your tenure at Covanta. 21 up whispers and private conversations. 21 We represent the Plaintiffs in this 22 At this time, will counsel 22 action. If there are any questions, 23 please introduce themselves for the 23 anything you don't understand, please 24 record. 24 don't hesitate to ask me to clarify or to 25 MR. HOFFNER: David Hoffner, 25 restate the question, please. 2 (Pages 5 to 8) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 9 10 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 What is your current address? 2 Q. Did you retire honorably? 3 A. Home address? 3 A. Yes. 4 Q. Yes. 4 Q. What rank did you retire with? 5 A. 716 South Pecan Street, 5 A. E6. E6, machinist mate, first 6 Lindenhurst, New York. You want the zip? 6 class. 7 Q. Sure. 7 Q. So what -- what year did you 8 A. 11757. 8 retire from the Navy? 9 Q. How long have you resided there? 9 A. 1988. 10 A. 17 years. 10 Q. What year did you graduate high 11 Q. Briefly can you summarize for us 11 school? I'm sorry. 12 your education? 12 A. 1982. 13 A. Strictly United States Navy, 13 Q. Upon leaving the service, did 14 submarines, nuclear-powered submarines. 14 you become employed? 15 Q. Did you graduate from high 15 A. I did. 16 school? 16 Q. What was your first job after 17 A. I did. 17 leaving the service? 18 Q. Where was that? 18 A. With American Ref-Fuel. 19 A. MacArthur, in Wantagh. 19 Q. What was American Ref-Fuel? 20 Q. Right after that you joined the 20 A. American Ref-Fuel was in the 21 Navy? 21 process of constructing a waste-to-energy 22 A. Correct. 22 facility in Westbury. 23 Q. How long did you serve in the 23 Q. And that is today known as the 24 United States Navy? 24 Covanta Hempstead facility? 25 A. Six years. 25 A. That's correct. 11 12 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 Q. Taking a step back, when you 2 scientific training.You know, measuring 3 were in the Navy, what specific expertise 3 things like pH and conductivity and 4 did you develop? 4 certain chemical analysis. 5 A. Several. Machinery -- 5 Q. So you developed an experience 6 operations and maintenance of high -- 6 in testing pH? 7 nuclear reactors, high pressure steam 7 A. Yes. 8 facilities, mechanical engineering, 8 Q. What is pH? 9 chemical engineering, generally spoken. 9 A. I don't know what it stands for 10 Q. And did you receive training in 10 but pH is measured on a scale of 0 to 14. 11 chemical engineering or other such 11 Q. Can you describe to me what that 12 disciplines while you were in the Navy? 12 range means? 13 A. Yes. 13 A. 7 is neutral, below 7 is acidic, 14 Q. Can you briefly describe that 14 above 7 is basic. 15 training? 15 Q. And is that a method of gauging 16 A. It was mainly water chemistry 16 alkalinity? 17 analysis. 17 A. I believe so, yes. 18 Q. Okay. And what did that entail? 18 Q. How did you come to learn about 19 A. Monitoring of the reactor, 19 a position at American Ref-Fuel? 20 nuclear reactor plant water and steam 20 A. Through a recruiter up in -- I 21 generation and the waters associated with 21 was in Groton, Connecticut at the time. 22 the steam systems. 22 There was a recruiter up there that I went 23 Q. And you received scientific 23 and saw. 24 training in order to do that? 24 Q. And what was the position? 25 A. Not -- I wouldn't call it 25 A. Plant operations. 3 (Pages 9 to 12) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 13 14 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 Q. You ultimately were offered that 2 room. 3 position? 3 All the systems that you control 4 A. Correct. 4 the facility from were in the control 5 Q. Okay. And when did you start 5 room. 6 working there? 6 Q. Anything to monitor the 7 A. September 1988. 7 incineration process? 8 Q. And what was your title? 8 A. Sure. 9 A. Assistant control room operator, 9 Q. All the data points with respect 10 I believe, at the time. 10 to that would be available in the control 11 Q. And what was the control room at 11 room? 12 the American Ref-Fuel facility at the 12 A. Absolutely. 13 time? 13 Q. What was your specific role at 14 A. What is the control room? 14 the time? 15 Q. What does the control room do? 15 A. Well, the assistant control room 16 A. That's where all the -- the -- 16 operator, he was the field guy that was 17 it's the hub of operating the facility. 17 out looking at the equipment and taking 18 All your -- you know, your plant functions 18 readings. 19 are located in the control room, all 19 Q. And who was the control room 20 your -- what we call the DCS, distributed 20 operator at the time that I presume you 21 control system to start and stop 21 reported to? 22 equipment, monitoring equipment. All your 22 A. I reported to a shift supervisor 23 environmental monitoring equipment was in 23 at the time. 24 the control room. Your turbine generator 24 Q. Okay. Who was that? 25 monitoring equipment was in the control 25 A. I don't recall who it may have 15 16 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 been. 2 A. Control room operator sits in 3 Q. Who was the control room 3 the control room and he monitors all of 4 operator at the time? 4 the plant operating parameters, all the 5 A. I don't recall that. 5 distributed control systems and 6 Q. Who was the head of the facility 6 communicates via radio with all of the 7 at the time? 7 assistant control room operators, other 8 A. Bill Wareham. 8 operators that are out in the field 9 Q. Can you spell that, please? 9 looking after their responsible equipment. 10 A. W-A-R-E-H-A-M. 10 Q. Does a control room operator 11 Q. Did there come a time that your 11 have any responsibilities with respect to 12 role at the Ref-Fuel facility changed? 12 ash management at the facility? 13 A. Yes, sir. 13 A. No. 14 Q. And when was that? 14 Q. Do you have an understanding 15 A. I was promoted to control room 15 what I mean by "ash management"? 16 operator position, probably in the early 16 A. The loading of, loading of ash 17 nineties. 17 into trucks. 18 Q. So after two to three, perhaps 18 Q. Okay. What ash are you 19 four years on the job you were promoted? 19 referring to? 20 Do you have any better sense of timing? 20 A. Well, the plant-generated ash. 21 A. I would say probably three 21 Q. Can you elaborate on that, 22 years. 22 please? 23 Q. Okay. And how did your 23 A. We burn refuse. The plant burns 24 responsibilities change once you became 24 refuse, and the byproduct is ash by -- if 25 the control room operator? 25 my memory serves, 10 percent by volume and 4 (Pages 13 to 16) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 17 18 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 20 percent by weight, 25 percent by weight 2 together. 3 approximately. 3 Q. That is a mixture of bottom ash 4 Q. Of what? 4 and fly ash? 5 A. Saying the ash is 10 percent of 5 A. Yes. 6 the volume of the waste and about 6 Q. How long did you serve as the 7 25 percent by weight of the -- 7 control room operator? 8 Q. So the solid waste that comes 8 A. I would estimate two to three 9 in -- 9 years. 10 A. Correct. 10 Q. And as a control room operator 11 Q. -- after it is burned at the 11 who did you report to? 12 facility, it is reduced by volume and 12 A. The shift supervisor. 13 weight in the numbers you just indicated? 13 Q. Do you now recall who that was 14 That's what you are saying? 14 during your tenure as control room 15 A. Yes. 15 operator? 16 Q. Are there more than one kind of 16 A. It could have been one of 17 ash produced by the facility as a 17 several people. No, I don't recall. 18 byproduct of its incineration process? 18 Q. Did there come a time where you 19 A. Yes, sir. 19 were no longer serving as the control room 20 Q. What are those? 20 operator at American Ref-Fuel? 21 A. Commonly referred to as "bottom 21 A. Yes, sir. 22 ash" and "fly ash." 22 Q. What happened? 23 Q. Are you aware of the term 23 A. I was promoted to a shift 24 "combined ash"? 24 supervisor position. 25 A. Combined ash would be both ashes 25 Q. When was that? 19 20 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 A. I am going to estimate 1993. 2 Q. And as shift supervisor, did you 3 Q. And what were your 3 have responsibility for supervising -- 4 responsibilities as the shift supervisor? 4 scratch that. 5 A. The shift supervisor is 5 How long did you serve as shift 6 responsible for five or six other 6 supervisor? 7 individuals that are running the facility 7 A. I am going to estimate three 8 at any given time. 8 years doing shift work. Three years doing 9 Q. Okay. Are there more than one 9 shift work. 10 shift supervisor at the facility? 10 Q. And then what happened? 11 A. Yes, sir. 11 A. Then I was made -- I was made a 12 Q. As a shift supervisor, were 12 day shift supervisor at that point. 13 there specific employees or processes that 13 Estimate 1996 or '7. 14 you were in charge of? 14 Q. What is the difference between a 15 A. The entire facility, while there 15 shift supervisor and a day shift 16 was -- you know, while there was no 16 supervisor? 17 operations manager there or nobody who was 17 A. Day shift supervisor was 18 my superior, which, you know, shift work 18 obviously someone that worked just day 19 was days and nights. 19 shift, where a shift supervisor would 20 Did I answer your question? 20 rotate between days and nights. 21 Q. I will follow up. 21 Q. So that is a more senior 22 As a shift supervisor, did you 22 position because you have more desirable 23 have responsibility for supervising the 23 hours? Is that the idea? 24 ash crane operators? 24 A. It is not senior by title but it 25 A. Yes, sir. 25 is senior by hours I would say, sure. 5 (Pages 17 to 20) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 21 22 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 More conducive to life. Yes. 2 phase. Dave Gutaker was facility manager. 3 Q. As day supervisor, did you 3 Bill Wareham was facility manager soon 4 continue to have responsibility on 4 after, probably 1991 through approximately 5 supervision of ash crane operators? 5 2001. 6 A. Yes. 6 Q. Then did someone replace 7 Q. How long did you serve as day 7 Mr. Wareham? 8 shift supervisor? 8 A. Steve Bossotti. 9 A. Until approximately 2001. 9 Q. That happened in about 2001 you 10 Q. So from 1996 to 2001? 10 think? 11 A. '96, '97, I would say, yes. 11 A. Correct. 12 Q. Who did you report to as day 12 Q. How long did Mr. Bossotti, to 13 shift supervisor? 13 your recollection, serve as facility head? 14 A. Tom Quartuccio. 14 A. Approximately four years. 15 Q. Was that during your entire 15 Q. To 2005? 16 tenure as day shift supervisor? 16 A. Correct. 17 A. Yes. 17 Q. You served until 2001 as the day 18 Q. Who was the plant manager -- 18 shift supervisor.How did your title or 19 excuse me. 19 responsibility change in 2001? 20 Did the facility head change 20 A. When I was promoted to the 21 during this time? 21 operations manager in 2001. 22 A. Bill -- you know, let me -- 22 Q. What is the operations manager? 23 Q. You mentioned Wareham earlier? 23 A. He is responsible for an 24 A. Can I retract that? I think it 24 approximate operations crew of, at the 25 was Dave Gutaker during the construction 25 time, 40 to 42 people. Overall 23 24 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 responsibility operating the facility. 2 for metals management. I am not sure what 3 Q. So that is basically the number 3 his exact title is. 4 two person at the facility? 4 Q. He works out of the New Jersey 5 A. 2 and 2A, yes. 5 corporate offices? 6 Q. What does that mean? 6 A. I am not sure. He has an office 7 A. There is a maintenance manager 7 there but I am not sure if he actually 8 as well who is sort of, you know -- 8 works there. 9 operations and maintenance manager are 9 Q. At some point in time was 10 sort of on the same level. 10 American Ref-Fuel acquired? 11 Q. So in that capacity you reported 11 A. Yes, sir. 12 to the facility head? 12 Q. When was that? 13 A. Yes, sir. "Facility manager" is 13 A. I want to say 2005. 14 the term. 14 Q. And who acquired American 15 Q. Yes. Thank you. 15 Ref-Fuel? 16 And that would have been 16 A. Covanta. 17 Mr. Bossotti at the time? 17 Q. When you say "Covanta," is there 18 A. That's correct. 18 any specific entity you are referring to? 19 Q. Does Mr. Bossotti remain 19 A. Covanta Energy, Covanta 20 employed at Covanta to your knowledge? 20 Holdings. 21 A. Yes, he does. 21 Q. It's your understanding that the 22 Q. What does he do today? 22 Covanta Hempstead facility is ultimately 23 A. He is -- I don't know what his 23 owned by Covanta Holdings? 24 title -- metals management. He is 24 A. Yes, sir. 25 running -- he is running off-site facility 25 Q. Take one step back. American 6 (Pages 21 to 24) The Little Reporting Company (646) 650-5055 | www.littlereporting.com FILED: NASSAU COUNTY CLERK 01/27/2023 12:27 PM INDEX NO. 007549/2013 NYSCEF DOC. NO. 653 RECEIVED NYSCEF: 01/27/2023 Kenneth Straitz March 3, 2020 CONFIDENTIAL 25 26 1 K. Straitz - Confidential 1 K. Straitz - Confidential 2 Ref-Fuel, prior to 2005, owned more than 2 Q. Okay. Did Mr. Wheeler report to 3 one facility, not just the Hempstead 3 you at any time? 4 facility.Correct? 4 A. Not -- not -- not as the 5 A. That's correct. 5 operations manager, no. 6 Q. What other facilities did it 6 Q. Okay. But he was an indirect 7 own? 7 report? 8 A. Niagara, Essex, Delco, SEMASS, 8 A. No. No. He would be reporting 9 SECONN. I think that's it. 9 to the facility manager. 10 Q. Did you have any 10 Q. Okay. What were the 11 responsibilities while employed at 11 environmental engineer's responsibilities 12 American Ref-Fuel with respect to any of 12 at American Ref-Fuel Hempstead? 13 those other facilities? 13 A. Generally speaking, permit