1
    1
    ILLINOIS POLLUTION CONTROL BOARD
    September 23,2008
    2
    IN THE MATTER OF:
    )
    3
    )
    WATER QUALITY STANDARDS AND
    )
    4 EFFLUENT LIMITATIONS FOR THE
    ) R08-9
    CHICAGO AREA WATERWAY SYSTEM AND ) (Rulemaking -
    5 THE LOWER DES PLAINES RIVER:
    ) Water)
    PROPOSED AMENDMENTS TO 35 Ill. )
    6 Adm. Code Parts 301, 302, 303
    )
    and 304
    )
    7
    8
    TRANSCRIPT OF PROCEEDINGS held in the
    9 above-entitled cause before Hearing Officer Marie
    10 Tipsord, called by the Illinois Pollution Control
    11 Board, pursuant to notice, taken before Rebecca
    12 Graziano, CSR, within and for the County of Cook and
    13 State of Illinois, at the James R. Thompson Center,
    14 100 West Randolph Street, Room 9-040, Chicago,
    15 Illinois, on the 23th Day of September, A.D., 2008,
    16 commencing at 1:00 p.m.
    17
    18
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292

    2
    1
    A P P E A R A N C E S
    2
    ILLINOIS POLLUTION CONTROL BOARD:
    3
    Ms. Marie Tipsord, Hearing Officer
    4
    Ms. Alisa Liu, P.E., Environmental Scientist
    Mr. Anand Rao, Senior Environmental Scientist
    5
    Mr. Tanner Girard, Acting Chairman
    Ms. Andrea Moore
    6
    7
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY:
    8
    Ms. Stefanie Diers
    Ms. Deborah Williams
    9
    Mr. Robert Sulski
    Mr. Scott Twait
    10
    Mr. Roy Smogor
    11
    THE NATURAL RESOURCE DEFENSE COUNSEL:
    12
    Ms. Ann Alexander
    13
    ENVIRONMENTAL LAW AND POLICY CENTER,
    14
    33 East Wacker Drive
    Suite 1300
    15
    Chicago, Illinois 60601
    (312) 795-3707
    16
    BY: MS. JESSICA DEXTER
    17
    Appeared on behalf of ELPC, Prairie Rivers
    Network, and Sierra Club,
    18
    19
    BARNES AND THORNBURG LLP
    1 North Wacker Drive
    20
    Suite 4400
    Chicago, IL 60606
    21
    (312) 357-1313
    BY: MR. FREDRIC ANDES
    22
    Appeared on behalf of the Metropolitan Water
    23
    Reclamation District of Greater Chicago.
    24
    L.A. REPORTING (312) 419-9292

    3
    1
    MS. TIPSORD: And Ms. Alexander, you
    2 indicated you thought you might have some additional
    3 questions for Dr. Blatchley.
    4
    MS. ALEXANDER: I do. Okay. I would
    5 like to turn, first, to the document we were
    6 presented with, which is a study entitled Effects of
    7 Disinfections on Wastewater Effluent Toxicity. That
    8 is Exhibit 98, and I just have a few questions about
    9 that. First question: As I understand it, the
    10 basis for the research, in part, was a study of the
    11 survivability of an organism referred to as a C
    12 dubia. I'm not even going to attempt to pronounce
    13 the C.
    14
    MR. BLATCHLEY: Ceriodaphnia?
    15
    MS. ALEXANDER: Yes, ceriodaphnia. Is
    16 that correct?
    17
    MR. BLATCHLEY: Yes, survival and
    18 reproduction.
    19
    MS. ALEXANDER: Survival and
    20 reproduction.
    21
    MS. TIPSORD: Could you please spell
    22 that for the record.
    23
    MS. ALEXANDER: Okay. That would be
    24 C-e-r-i-o-d-a-p-h-n-i-a. The ceriodaphnia dubia is
    L.A. REPORTING (312) 419-9292

    4
    1 a type of water flea. Is that correct?
    2
    MR. BLATCHLEY: Yes.
    3
    MS. ALEXANDER: Okay. So in other
    4 words, no attempt was made to assess toxicity on the
    5 survivability of any type of mammal. Is that
    6 correct?
    7
    MR. BLATCHLEY: Certainly not.
    8
    MS. ALEXANDER: Okay. I would like to
    9 ask you -- essentially I want to get an overview of
    10 the conclusions of this research, so I'd like you to
    11 tell me whether my understanding of that overview is
    12 correct or not. First of all, am I correct that
    13 your ultimate conclusion in this study, which would
    14 be reflected in the summary and conclusion section
    15 on the second to last page, would be reflected in
    16 the statement that facilities which treat wastewater
    17 of domestic origin or from other readily
    18 biodegradeable sources generally do not illicit a
    19 substantial toxicological response before or after
    20 disinfection, regardless of the disinfectant
    21 employed. Is that correct?
    22
    MR. BLATCHLEY: Yes.
    23
    MS. ALEXANDER: Okay.
    24
    MR. BLATCHLEY: As a generalization,
    L.A. REPORTING (312) 419-9292

    5
    1 yes.
    2
    MS. ALEXANDER: Okay. Would it be
    3 fair to say along those lines that, in fact, that
    4 your conclusions are a little bit, shall we say, all
    5 over the map, that they varied widely with regard to
    6 survivability?
    7
    MR. ANDES: I'm going to object to
    8 that "all over the map" characterization. What
    9 could you mean by very widely? Clarify, please.
    10
    MS. ALEXANDER: Okay. Let me clarify
    11 that. Would it be fair to say that your findings
    12 regarding the survivability of this organism were
    13 not consistent across the board, they varied from
    14 location to location?
    15
    MR. BLATCHLEY: And from time to time.
    16
    MS. ALEXANDER: Okay. And was it also
    17 your conclusion that not all facilities produce any
    18 toxicity effect as a result of disinfection?
    19
    MR. BLATCHLEY: That's correct.
    20
    MS. ALEXANDER: Okay.
    21
    MR. BLATCHLEY: At least that we
    22 measured.
    23
    MS. ALEXANDER: Okay. Was it also
    24 your conclusion that in some cases of survivability,
    L.A. REPORTING (312) 419-9292

    6
    1 this organism, in fact, increased post-disinfection?
    2
    MR. BLATCHLEY: I believe that did
    3 happen, yes.
    4
    MS. ALEXANDER: Okay. Was it also
    5 your finding that when UV disinfection was used,
    6 more often than not survivability either stayed the
    7 same or increased?
    8
    MR. BLATCHLEY: I -- honestly, it's
    9 been a long time since I've read this paper myself,
    10 but I think the -- that sounds reasonable, at least
    11 the "didn't change" part.
    12
    MS. ALEXANDER: Okay.
    13
    MR. BLATCHLEY: I don't know about
    14 the -- I'm a little nervous about the increase in
    15 survivability, just because the error that's
    16 inherent in this test is such that I'm sure a trust
    17 is numbered, but yeah.
    18
    MR. ANDES: If I can follow up on
    19 that. As to the facilities that accept a
    20 substantial fraction of influence from industrial
    21 applications, am I right you found that all the
    22 disinfectants demonstrated the ability to alter
    23 types of response?
    24
    MR. BLATCHLEY: Yes, certainly.
    L.A. REPORTING (312) 419-9292

    7
    1
    MR. ANDES: And the Reclamation
    2 District's plans, is it your understanding that they
    3 also received a substantial amount of influence from
    4 industrial facilities?
    5
    MR. BLATCHLEY: Yes.
    6
    MS. ALEXANDER: One second.
    7
    MR. ANDES: While we're waiting, if I
    8 can also ask another follow up, going back to C
    9 dubia, is it accurate to say that the reason that's
    10 tested is because it's a particularly sensitive
    11 organism to toxic responses?
    12
    MR. BLATCHLEY: I believe so. And
    13 also there's been a lot of work done with that
    14 organism so that we have an understanding of a
    15 number of specific chemicals and how they provide
    16 response or how that organism responds to that
    17 chemical. So it's been studied a lot, and part of
    18 the reason for that is the reason that you stated.
    19
    MS. ALEXANDER: And you did not, in
    20 fact, study in this study effluent from the three
    21 Metropolitan Water Reclamation District plants at
    22 issue here. Is that correct?
    23
    MR. BLATCHLEY: I think that's
    24 correct, yes.
    L.A. REPORTING (312) 419-9292

    8
    1
    MS. ALEXANDER: Okay. So we do not
    2 know, then, whether any level of industrial
    3 discharge to that effluent would be in any way
    4 comparable to the level at the facilities you did
    5 study. Is that correct?
    6
    MR. ANDES: You don't know one way or
    7 the other.
    8
    MR. BLATCHLEY: Right. I -- we don't.
    9
    MS. ALEXANDER: You don't know?
    10
    MR. BLATCHLEY: Right.
    11
    MS. ALEXANDER: Okay. Now one
    12 clarifying question, is the type of toxicity that
    13 you studied in the research reflected here different
    14 from disinfection byproducts? Is that a separate
    15 topic?
    16
    MR. BLATCHLEY: We made no attempt to
    17 identify the specific chemicals that were
    18 responsible for the toxicity. This was an overall
    19 whole effluent toxicity test. So there was --
    20 again, there was no attempt to figure out what
    21 provided -- or what was responsible for the
    22 responses that we observed.
    23
    MS. ALEXANDER: Okay.
    24
    MR. BLATCHLEY: And --
    L.A. REPORTING (312) 419-9292

    9
    1
    MR. ANDES: Stop. That's fine.
    2
    MS. ALEXANDER: I would like to turn
    3 next to Exhibit 99, which is the document entitled
    4 Effects of Wastewater Disinfection on Human Health,
    5 which I'd like to clarify, this document is a longer
    6 version, am I correct, of the document that's
    7 Attachment 3 to your extended testimony, Exhibit 93?
    8
    MR. BLATCHLEY: You're talking about
    9 the --
    10
    MR. ANDES: Is it a longer version of
    11 this?
    12
    MR. BLATCHLEY: Yes, yes.
    13
    MS. ALEXANDER: Okay. Let me ask you:
    14 Initially, how was this research funded?
    15
    MR. BLATCHLEY: The Water Environment
    16 Research Foundation.
    17
    MS. ALEXANDER: Okay. Who funds the
    18 Water Environment Research Foundation?
    19
    MR. BLATCHLEY: I believe it's member
    20 utilities and perhaps -- I'm sorry I'm guessing, but
    21 I believe it's member utilities and perhaps
    22 consulting firms that participate, but I'm not sure.
    23
    MS. ALEXANDER: Do you know one way or
    24 the other whether the Water Reclamation District is
    L.A. REPORTING (312) 419-9292

    10
    1 member utility?
    2
    MR. BLATCHLEY: I do not know.
    3
    MS. ALEXANDER: When was this research
    4 conducted? Over what period of time?
    5
    MR. BLATCHLEY: Well, the report was
    6 filed or published in 2005. I don't remember the
    7 exact dates, but I'm guessing it's somewhere around
    8 2001 to 2003 or maybe 4.
    9
    MS. ALEXANDER: Okay.
    10
    MR. BLATCHLEY: I don't remember.
    11
    MS. ALEXANDER: When were you first
    12 retained to do work for the Water Reclamation
    13 District in connection with the Chicago Area
    14 Waterways?
    15
    MR. BLATCHLEY: This issue?
    16
    MS. ALEXANDER: Yes, this issue.
    17
    MR. BLATCHLEY: Six or eight months
    18 ago.
    19
    MS. ALEXANDER: Okay.
    20
    MR. BLATCHLEY: I think.
    21
    MS. ALEXANDER: One more question
    22 regarding the Water Environment Research Foundation.
    23 When you say member utilities, are you referring in
    24 part or in whole to wastewater treatment utilities?
    L.A. REPORTING (312) 419-9292

    11
    1
    MR. ANDES: You know, I'm pretty sure
    2 he doesn't have any independent knowledge of that.
    3 It's all on the WERF website.
    4
    MS. ALEXANDER: Okay. He used the
    5 term, and I'd like to understand what he meant by
    6 the term member utilities.
    7
    MR. BLATCHLEY: Again, I don't know
    8 the details of how they received their funding, but
    9 I believe it comes from utilities -- wastewater
    10 treatment facilities, yes.
    11
    MS. ALEXANDER: Okay.
    12
    MR. BLATCHLEY: But you could get an
    13 unambiguous answer from WERF directly.
    14
    MS. ALEXANDER: Yes. I understand
    15 that. I'd like it turn -- unfortunately this is an
    16 unnumbered document, but I will try to keep it as
    17 non-confusing as possible. The second page of this
    18 document, the paragraph that begins "Taken
    19 together," go down to the fourth line from the
    20 bottom, which states "When direct human contact or
    21 injection of municipal wastewater effluent is
    22 likely, disinfection appears to be necessary."
    23 Would you still stand by that statement?
    24
    MR. ANDES: I'm sorry. Where are we?
    L.A. REPORTING (312) 419-9292

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    1
    MS. ALEXANDER: Okay. Second page,
    2 right above where it says "key words," fourth line
    3 from the bottom, "When direct human contact."
    4
    MR. BLATCHLEY: Yeah. And the
    5 definition of direct human contact that I'm using
    6 there is one involving swimming. That's the intent
    7 there.
    8
    MS. ALEXANDER: I'm looking down at
    9 the paragraph that begins "Direct human contact."
    10 It appears to include ingestion and swimming
    11 separately. Is that correct?
    12
    MR. BLATCHLEY: Ingestion would be
    13 drinking water.
    14
    MS. ALEXANDER: Are there other
    15 situations in which one might ingest water?
    16
    MR. BLATCHLEY: Of course.
    17
    MS. ALEXANDER: Such as swimming?
    18
    MR. BLATCHLEY: Yes.
    19
    MS. ALEXANDER: And such as falling
    20 out of a boat and gulping some?
    21
    MR. BLATCHLEY: Yes.
    22
    MS. ALEXANDER: Okay.
    23
    MR. ANDES: Were you intending to
    24 refer to falling out of a boat and gulping some
    L.A. REPORTING (312) 419-9292

    13
    1 here?
    2
    MR. BLATCHLEY: Absolutely not.
    3
    MR. ANDES: Thank you. If I can
    4 follow up on that for a minute, in terms of -- Dr.
    5 Blatchley, in terms of this study, I wonder if you
    6 could explain to us a little bit about why -- why --
    7 what your understanding is as to why this study was
    8 performed. Is it your understanding, for example,
    9 that treatment plants around the country are
    10 experiencing this regrowth issue? Was that part of
    11 the motivation, or were there other reasons for the
    12 study being done, if you can explain that for us?
    13
    MR. BLATCHLEY: The motivation for the
    14 study was to consider the effects of wastewater
    15 disinfection on human health, was disinfection going
    16 to improve human health, or adversely effect human
    17 health, or have no effect at all. And so again, the
    18 central questions of the research that we attempted
    19 to address were number one, should we be
    20 disinfecting wastewater effluence, and under the
    21 assumption that the answer to that question is at
    22 least sometimes yes, then how.
    23
    MR. ANDES: And were you told what
    24 your results ought to be in any way by WERF or any
    L.A. REPORTING (312) 419-9292

    14
    1 other party?
    2
    MR. BLATCHLEY: No.
    3
    MR. ANDES: Was the U.S. Geological
    4 Survey important in your study?
    5
    MR. BLATCHLEY: No.
    6
    MR. ANDES: No. I'm sorry Mr. Lyle
    7 (phonetic) is part of the U.S. Geological Survey?
    8
    MR. BLATCHLEY: Well, right. Well,
    9 actually he worked -- he works at the U.S.
    10 Geological Survey now. At the time of the study, he
    11 worked at Montana State University. So he moved to
    12 USGS after we completed the study, but they required
    13 a current address for him when --
    14
    MR. ANDES: Okay. So all of the
    15 authors were from five different academic
    16 institutions?
    17
    MR. BLATCHLEY: Yes.
    18
    MR. ANDES: Okay.
    19
    MS. ALEXANDER: All right. I would
    20 like to go to Page 3 of this document. I say
    21 Page 3, I mean the third page of the unnumbered
    22 document. The first full paragraph begins "Ultra
    23 violet UV radiation is widely recognized." Do you
    24 see that?
    L.A. REPORTING (312) 419-9292

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    1
    MR. BLATCHLEY: Yes.
    2
    MS. ALEXANDER: Okay. Second
    3 sentence, "For the conditions of operation required
    4 to accomplish inactivation of waterborne pathogens,
    5 UV disinfection prophecies generally yield little,
    6 if any, quantifiable DBP formation." DBP would
    7 refer to disinfection byproducts, correct?
    8
    MR. BLATCHLEY: Yes.
    9
    MS. ALEXANDER: Is this statement in
    10 any way inconsistent with the research reflected in
    11 Exhibit 98, Effects of Disinfection on Wastewater
    12 Effluent Toxicity?
    13
    MR. BLATCHLEY: No.
    14
    MS. ALEXANDER: Okay. And the reason
    15 for that would be you didn't know the causes, as you
    16 stated, for the increased toxicity in some cases?
    17
    MR. BLATCHLEY: No. The reason for
    18 that would be the term "generally." It is a
    19 generalization.
    20
    MS. ALEXANDER: Okay. Under what
    21 circumstances, if any, would UV disinfection yield
    22 any quantifiable disinfection byproduct formation?
    23
    MR. BLATCHLEY: You're just asking for
    24 an example?
    L.A. REPORTING (312) 419-9292

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    1
    MS. ALEXANDER: Well, here you've
    2 stated that it's a generalization. Can you offer
    3 any counterexamples and define when they would
    4 occur?
    5
    MR. BLATCHLEY: As a generalization,
    6 at any time there is a chemical that's present in
    7 the water that has the ability to absorb germicidal
    8 UV radiation, there's the potential for a
    9 photochemical reaction to take place. Given the
    10 wide number of chemicals that could be present in a
    11 municipal wastewater effluent, that leaves open an
    12 awful lot of chemistry. As an example of a
    13 situation where we know something about disinfection
    14 byproducts that are generated as a result of UV
    15 radiation, we're currently studying that application
    16 as it relates to swimming pools, and what we've
    17 observed in swimming pool settings is that there are
    18 some disinfection byproducts whose concentrations
    19 increase, in fact, increase remarkably as a result
    20 of UV radiation.
    21
    So again, the generalization
    22 holds. I'm not comfortable suggesting that you will
    23 never get disinfection byproducts and disinfection
    24 byproducts that we care about. But as a
    L.A. REPORTING (312) 419-9292

    17
    1 generalization, what we observed -- what we and
    2 others have observed is that most times we observe
    3 less, and those products that are formed tend to be
    4 less toxic than those that are formed as a result of
    5 chlorination.
    6
    MR. ANDES: To follow up on that, and
    7 I know you're making a distinction between
    8 disinfection byproducts and toxicity because you
    9 don't know what the toxicity is due to, you did find
    10 in the other study, I believe Exhibit 95 on effluent
    11 toxicity, that in one facility in particular,
    12 Georgetown, Kentucky, UV did display the ability to
    13 increase toxicity?
    14
    MR. BLATCHLEY: Yes.
    15
    MR. ANDES: Now, you didn't analyze
    16 why.
    17
    MR. BLATCHLEY: Correct.
    18
    MR. ANDES: In terms of which
    19 byproducts might have been, but there certainly was
    20 a toxic response?
    21
    MR. BLATCHLEY: Yes.
    22
    MS. ALEXANDER: Okay. So outside of
    23 the swimming pool research that you mentioned,
    24 specifically with respect to DBPs, as opposed to
    L.A. REPORTING (312) 419-9292

    18
    1 general whole effluent toxicity response, can you
    2 think of any other examples?
    3
    MR. BLATCHLEY: Well, again, I just
    4 described a situation that would allow for a lot of
    5 chemistry to take place. But with respect to
    6 specific chemicals, no, I don't have any information
    7 that addresses that.
    8
    MS. ALEXANDER: Okay. All right.
    9 What I'd like to do is turn to the page which is
    10 headed in italics "Risk assessment." This is again
    11 on Exhibit 99, which is 11 pages from the back of
    12 that document.
    13
    MR. BLATCHLEY: I'm getting there.
    14 Sorry. Okay.
    15
    MS. ALEXANDER: Okay. Are we there?
    16
    MR. BLATCHLEY: Yes.
    17
    MS. ALEXANDER: Okay. In the first
    18 paragraph, last sentence, the statement is made,
    19 "Several exposure pathways exist for waterborne
    20 pathogens, including shellfish consumption, skin
    21 contact, ingestion during recreation, direct
    22 contact, inhalation, and drinking water." Am I
    23 correct in understanding that in this particular
    24 risk assessment you looked only at ingestion?
    L.A. REPORTING (312) 419-9292

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    1
    MR. BLATCHLEY: First of all, the risk
    2 assessment text was written by Joan Rose, one of the
    3 coauthors. So I'm the lead author on this paper,
    4 but her responsibility for this paper was that
    5 section.
    6
    MS. ALEXANDER: Okay. But you -- you
    7 are, in fact, a coauthor with --
    8
    MR. BLATCHLEY: Yes.
    9
    MS. ALEXANDER: -- Ms. Rose on the
    10 entire document?
    11
    MR. BLATCHLEY: Right. And my
    12 understanding is that her approach to this risk
    13 assessment was based on ingestion.
    14
    MS. ALEXANDER: Okay so would I be
    15 correct in understanding that since only one of
    16 several exposure pathways was looked at, it is
    17 possible that the risk is actually higher than the
    18 risk assessed purely with respect to ingestion?
    19
    MR. BLATCHLEY: Again, you would need
    20 to talk to Dr. Rose to get the specific information
    21 on that.
    22
    MS. ALEXANDER: Okay. Turning to the
    23 second paragraph, and with the understanding that
    24 although you're the lead author on this paper, you
    L.A. REPORTING (312) 419-9292

    20
    1 did not draft this section, as your name's on it, I
    2 would like to ask you a few additional questions
    3 about it. I'd like to look at the statement -- the
    4 second sentence in that second paragraph beginning
    5 "Epidemiological studies." The text reads,
    6 "Epidemiological studies are not conducive to
    7 showing a full scale of waterborne disease
    8 outbreaks. Epidemiological agents remain
    9 unidentified in half of the reported waterborne
    10 disease outbreaks in the United States. As few as
    11 ten percent of outbreaks have been documented."
    12
    With respect to that statement, do
    13 you think it's fair to say that outbreaks or the
    14 level of outbreaks are generally not a good
    15 indicator of overall risk?
    16
    MR. BLATCHLEY: You're asking an
    17 engineer to perform analysis of a risk assessment
    18 that I didn't do.
    19
    MS. ALEXANDER: Okay. And I will ask
    20 you anyway, just to establish on the record, do you
    21 know the basis for the assumption of 100 milliliters
    22 ingestion during the course of a single swimming
    23 event?
    24
    MR. BLATCHLEY: Not in detail, no.
    L.A. REPORTING (312) 419-9292

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    1
    MS. ALEXANDER: Do you know in
    2 general?
    3
    MR. BLATCHLEY: As I recall, based on
    4 conversations with Dr. Rose, this was -- I think
    5 this was her best guess as to what the likely
    6 ingestion would be. But again, I think a better
    7 approach would be to call her specifically and ask
    8 her.
    9
    MS. ALEXANDER: Okay.
    10
    MS. TIPSORD: Dr. Blatchley, would
    11 some of this -- would we be able to shed some light
    12 on some of these questions, too, when we get the
    13 information that's part of the report that we're
    14 going to get?
    15
    MR. BLATCHLEY: Yeah. There is
    16 certainly more detail in the report, and it may be
    17 that she defined the basis for that assumption in
    18 the report. I just don't remember.
    19
    MS. ALEXANDER: Okay. Just one
    20 second. I've got a couple more questions. I want
    21 to turn to the actual risk finding, which is two
    22 pages later. You'll see the page with a set of
    23 three bullet points in the middle. "Specific
    24 finding was the risks associated with swimming in
    L.A. REPORTING (312) 419-9292

    22
    1 waters receiving municipal wastewater effluence
    2 range from ten to the minus three to ten to the
    3 minus six. Risks are two to one hundred times
    4 greater if the water is not disinfected, depending
    5 on the disinfection type, extent of disinfection
    6 exposure, and special effluent characteristics."
    7
    So do I understand correctly that
    8 essentially that the purpose of this risk assessment
    9 was to compare risks of swimming in wastewater
    10 effluent with and without disinfection?
    11
    MR. BLATCHLEY: I need to reread this
    12 section myself.
    13
    MR. ANDES: I think that if you go two
    14 pages back, the purpose is pretty clear, because it
    15 talks about a risk assessment that was conducted for
    16 the purpose of examining, comparing probability of
    17 illness associated with exposure to undisinfected
    18 wastewater effluence with those associated with
    19 wastewater effluence that have been subjected to UV
    20 radiation or chlorination.
    21
    MS. TIPSORD: Would you agree with
    22 that, Dr. Blatchley?
    23
    MR. BLATCHLEY: Yes.
    24
    MS. ALEXANDER: Okay. And just
    L.A. REPORTING (312) 419-9292

    23
    1 looking at the statement immediately above that,
    2 this is above the three bullet points, second to the
    3 last sentence before the bullets, "It should be kept
    4 in mind that on any given day, the virus
    5 concentration could be as much as ten times higher
    6 than the mean value used for these risk
    7 calculations, therefore the risks of exposure as
    8 well could be an order of magnitude higher as well."
    9 Am I correct in understanding that this means an
    10 order of magnitude higher than the two to one
    11 hundred times greater risk that's identified in the
    12 first bullet?
    13
    MR. BLATCHLEY: That would be my
    14 interpretation.
    15
    MS. ALEXANDER: Okay.
    16
    MR. ANDES: I'm not sure that's -- the
    17 two to one hundred times greater is a comparison of
    18 two risks. I'm not sure if that changes --
    19
    MS. WILLIAMS: He answered the
    20 question.
    21
    MS. ALEXANDER: Are you testifying?
    22 He answered the question. I object to that.
    23
    MR. ANDES: Do you understand -- if I
    24 can follow up, do you understand that the ten times
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    24
    1 greater refers to the mean value or refers to the
    2 risk comparison of two to one hundred times greater
    3 in the first bullet, and explain?
    4
    MR. BLATCHLEY: I believe it's the
    5 mean value.
    6
    MS. ALEXANDER: Meaning the mean value
    7 of the virus concentration, correct?
    8
    MR. BLATCHLEY: You've put me at a
    9 point of weakness, because again, you're asking me
    10 to testify about something that I didn't write.
    11
    MS. ALEXANDER: Okay. Did you discuss
    12 with Dr. Rose her conclusions before the study was
    13 published?
    14
    MR. BLATCHLEY: Four years ago, yes.
    15
    MS. ALEXANDER: Okay. Did you, in any
    16 manner, dispute or disagree with her conclusions?
    17
    MR. BLATCHLEY: I don't recall
    18 disputing them, no.
    19
    MS. ALEXANDER: Okay. All right. I
    20 think the statement speaks for itself. I believe
    21 that is -- that concludes my questions on these two
    22 documents and my questions for Dr. Blatchley.
    23
    MS. TIPSORD: Thank you. Are there
    24 any additional questions for Dr. Blatchley?
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    25
    1
    MR. ANDES: Yes. I have a few
    2 follow-ups. Dr. Blatchley, we've talked a little
    3 bit about different levels of disinfection, and
    4 we've talked about a level of, sort of, conventional
    5 disinfection, and then other levels that are higher
    6 or more extensive in activation. If you are -- if
    7 you were to take the disinfection level up from the
    8 conventional level -- first, let me ask you is the
    9 conventional level of 400 counts of fecal, are you
    10 saying that something more stringent is needed
    11 beyond that to protect recreational uses on the
    12 CAWS?
    13
    MR. BLATCHLEY: No. I'm not -- it's
    14 unclear to me what would be necessary to protect
    15 recreational uses on the CAWS. The risks associated
    16 with recreational uses are already low, and the
    17 implementation of disinfection, as I understand it
    18 according to the risk assessment that would be --
    19 that has been performed, suggests that that risk
    20 would be only nominally improved.
    21
    MR. ANDES: Now if I did a more
    22 extensive level of disinfection, whether that's to
    23 the California level or something else, that would
    24 reduce pathogen levels in the effluent. Am I
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    26
    1 correct?
    2
    MR. BLATCHLEY: Yes.
    3
    MR. ANDES: Okay.
    4
    MR. BLATCHLEY: We presume that that's
    5 the case, yes.
    6
    MR. ANDES: Okay. But if it were
    7 something, say, in the California level, am I right
    8 that produces them to non-detect?
    9
    MR. BLATCHLEY: For coliform bacteria,
    10 yes.
    11
    MR. ANDES: Okay. So some other level
    12 would be detectible levels of coliform?
    13
    MR. BLATCHLEY: Presumably, yes.
    14
    MR. ANDES: Okay. In the level that
    15 we're talking about, whether it's a California level
    16 or something less, would also involve more
    17 byproduct -- disinfection byproducts?
    18
    MR. BLATCHLEY: It would involve more
    19 disinfection byproducts. It would require more
    20 power, it would require more space, more of pretty
    21 much everything that goes along with the
    22 disinfection system.
    23
    MR. ANDES: And more CAWS?
    24
    MR. BLATCHLEY: Of course.
    L.A. REPORTING (312) 419-9292

    27
    1
    MR. ANDES: Thank you.
    2
    MS. WILLIAMS: I'd like to follow up.
    3 So you're saying there'd be more disinfection
    4 byproduct for a higher level of UV disinfection as
    5 well?
    6
    MR. BLATCHLEY: Sure.
    7
    MS. WILLIAMS: Or are you just
    8 testifying for chlorine?
    9
    MR. BLATCHLEY: Both.
    10
    MS. WILLIAMS: And can you explain how
    11 what you're basing your conclusion on that there
    12 would be more disinfection byproducts from UV at a
    13 higher level?
    14
    MR. BLATCHLEY: The extent of -- okay.
    15 So UV systems accomplish whatever they accomplish as
    16 a result of photochemical reactions, reactions that
    17 are driven by electromagnetic radiation. The more
    18 photons you put in, the more opportunity for
    19 reaction you provide. So if there are disinfection
    20 byproducts that are formed at a low dose --
    21
    MS. WILLIAMS: If there are some
    22 formed, correct?
    23
    MR. BLATCHLEY: Correct.
    24
    MS. WILLIAMS: If there aren't any,
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    28
    1 then they wouldn't be any higher, would they?
    2
    MR. BLATCHLEY: Correct. But if there
    3 are some formed, then you provide the potential for
    4 those reactions to go further.
    5
    MS. WILLIAMS: But they're not formed
    6 in every case, are they?
    7
    MR. BLATCHLEY: We don't -- let me
    8 just be clear on that. The analytical methods that
    9 we've used in many cases have not detected
    10 disinfection byproducts, but not all cases, and
    11 those analytical methods are not comprehensive in
    12 terms of the chemistry that's involved. So there's
    13 some question marks that exist. But it's clear that
    14 under some circumstances, disinfection byproducts
    15 are formed as a result of UV radiation, and when
    16 that's true, if you increase the dose, you'll
    17 increase the amount of DPB formation.
    18
    MS. WILLIAMS: I think that answered
    19 my question.
    20
    MS. TIPSORD: Any further?
    21
    MS. WILLIAMS: No.
    22
    MS. ALEXANDER: I just have one
    23 followup question. You made a statement in response
    24 to the follow-ups that the risk of -- from
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    29
    1 recreational use are low. Is that statement based
    2 on the microbial risk assessment conducted by the
    3 district?
    4
    MR. BLATCHLEY: The Geosyntec report?
    5
    MS. ALEXANDER: Geosyntec -- done for
    6 the district by Geosyntec.
    7
    MR. BLATCHLEY: Yes.
    8
    MS. TIPSORD: Which is Exhibit 71, I
    9 believe.
    10
    MS. ALEXANDER: Okay. Is it based on
    11 anything else?
    12
    MR. BLATCHLEY: No.
    13
    MS. ALEXANDER: Okay.
    14
    MS. TIPSORD: Thank you very much, Dr.
    15 Blatchley. We appreciate it. And with that, we'll
    16 move on to Dr. Dorevitch.
    17
    MS. TIPSORD: All right. And then if
    18 we could enter his testimony.
    19
    MR. ANDES: Surely. Since the
    20 exhibits to -- since the attachments to Dr.
    21 Dorevitch's testimony is a total of over 800 pages,
    22 I have a copy of his testimony with a disc.
    23
    MS. TIPSORD: All right.
    24
    MS. WILLIAMS: 856 I believe it was.
    L.A. REPORTING (312) 419-9292

    30
    1
    MR. ANDES: Thank you.
    2
    MS. TIPSORD: We will, once again,
    3 mark both the attachments and the pre-file testimony
    4 as one exhibit, Exhibit No. 100. Congratulations,
    5 Dr. Dorevitch. You're number 100. If there's no
    6 objection, seeing none, it's Exhibit 100. Ms.
    7 Alexander, I believe we start with your questions
    8 from the Natural Resources Defense Counsel for Dr.
    9 Dorevitch.
    10
    MS. ALEXANDER: Yes. Good afternoon,
    11 Dr. Dorevitch. My name is Ann Alexander from the
    12 Natural Resources Defense Counsel. I'll be asking
    13 you questions this afternoon. Going to pre-file
    14 question number one, when were you first contacted
    15 by the Metropolitan Water Reclamation District
    16 concerning conducting an epidemiological study
    17 concerning the Chicago Area Waterway System?
    18
    DR. DOREVITCH: January 2007.
    19
    MS. ALEXANDER: Have you -- were you
    20 in any manner involved in the microbial risk
    21 assessment study?
    22
    DR. DOREVITCH: No, I was not.
    23
    MS. ALEXANDER: Okay. Have you
    24 reviewed that study?
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    31
    1
    Ms. DOREVITCH: Yes, I have.
    2
    MS. ALEXANDER: Okay. Did you review
    3 it in draft, or only after its completion?
    4
    DR. DOREVITCH: I reviewed both --
    5
    MS. TIPSORD: Dr. Dorevitch, keep your
    6 voice up, please. I'm having a hard time hearing
    7 you.
    8
    DR. DOREVITCH: Oh, I'm sorry. I
    9 reviewed both draft and final versions.
    10
    MS. ALEXANDER: At what point did you
    11 review a draft?
    12
    DR. DOREVITCH: February 2007. I
    13 think their draft was dry weather only at that
    14 point.
    15
    MR. ANDES: Might that have been the
    16 interim report on dry weather?
    17
    DR. DOREVITCH: Yes.
    18
    MS. ALEXANDER: Now in your summary
    19 document, you refute -- you refer to an expert
    20 review panel for the epidemiological study. Is that
    21 correct?
    22
    DR. DOREVITCH: I'm not sure exactly
    23 what you mean. There were a couple of -- are you
    24 talking about the expert review panel that the
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    32
    1 District commissioned to review the state of the
    2 science on water quality standards, or the peer
    3 review panel for the epi study that we're doing now?
    4
    MS. ALEXANDER: Okay. Let me ask
    5 about both of them actually. First of all, I'm
    6 referring to at the MWRDGC expert panel referenced
    7 on Page 9 of Exhibit 100 attachment -- this is
    8 your --
    9
    DR. DOREVITCH: Overview document.
    10
    MS. ALEXANDER: The study overview
    11 document that you provided.
    12
    MR. ANDES: What page?
    13
    MS. ALEXANDER: Which is -- this is
    14 Page 9 of that document. My question is: Who's on
    15 that panel?
    16
    DR. DOREVITCH: I believe it's Chuck
    17 Cause (phonetic), Chuck Gerba (phonetic), it may be
    18 Joan Rose. I don't remember who the members of that
    19 panel are.
    20
    MS. ALEXANDER: Okay.
    21
    DR. DOREVITCH: I believe there were
    22 four, and I think those are three of the four.
    23
    MS. ALEXANDER: Okay. And then who
    24 was on the peer review panel?
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    33
    1
    DR. DOREVITCH: For the CHEERS
    2 research study?
    3
    MS. ALEXANDER: For the CHEERS
    4 research study.
    5
    DR. DOREVITCH: The reviewers are Gary
    6 Toransos (phonetic), Dr. Gary Toransos, Dr. Joan
    7 Rose, Dr. Timothy Wade, Dr. Michael Beach. Dr. Wade
    8 is with the EPA, Dr. Beach is with the CBC, Dr. Rose
    9 is with Michigan State. Steven Shoub (phonetic) of
    10 the USEPA, Cecil Luhing (phonetic), Kurt Petrisey
    11 (phonetic) from the NEER study of the EPA and CBC,
    12 and I believe that's it. I may be missing one name.
    13
    MS. ALEXANDER: Okay. All right.
    14 Moving on to pre-filed question number two, how much
    15 longer, if at all, will you be enrolling
    16 participants in this study?
    17
    DR. DOREVITCH: We will be enrolling
    18 participants in this study. We'll be enrolling them
    19 until we reach the necessary sample size. I project
    20 that we'll finish this current 2008 season in about
    21 three weeks, having enrolled approximately 7,200
    22 participants, and that we'll start up in the spring
    23 of '09, and finish participant enrollment in the --
    24 about July of '09.
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    34
    1
    MR. ANDES: And your target level, I'm
    2 sorry, is?
    3
    DR. DOREVITCH: Is 9,330 participants
    4 eligible for telephone followup.
    5
    MS. ALEXANDER: Okay. But just so I
    6 understand, if for some reason you did not reach
    7 that goal number by the end of the 2009 season,
    8 would you continue to enroll participants in 2010
    9 and push your completion date back?
    10
    DR. DOREVITCH: I think that's not
    11 realistic. We enroll over 1,000 people a month
    12 during good weather. In August we enrolled over
    13 1,500 in a single month. So I'm not worried that
    14 we'll run out of participants in 2009.
    15
    MS. ALEXANDER: Now question three,
    16 the first part of the question, I believe, is asked
    17 and answered. I'm sorry. Can you run by the number
    18 of how many you have enrolled as of today?
    19
    DR. DOREVITCH: You know, I can't tell
    20 you exactly --
    21
    MS. ALEXANDER: Approximately?
    22
    DR. DOREVITCH: -- because we enrolled
    23 people yesterday.
    24
    MS. ALEXANDER: Okay.
    L.A. REPORTING (312) 419-9292

    35
    1
    DR. DOREVITCH: Approximately 6,900.
    2 It might be 6,890, 95, maybe a little over 6,900. I
    3 don't know exactly.
    4
    MS. TIPSORD: Off the record for just
    5 a second.
    6
    (Whereupon, a discussion was had
    7
    off the record.)
    8
    MS. ALEXANDER: Approximately -- how
    9 many of that approximately 6,900 number are in the
    10 CAWS recreational users group as opposed to the
    11 control groups?
    12
    DR. DOREVITCH: The -- we don't really
    13 use the term "control group," but probably about
    14 40 percent of them are from the CAWS group, and
    15 60 percent are from the other two groups.
    16
    MS. ALEXANDER: Okay.
    17
    MR. ANDES: Can you explain what the
    18 other two groups are?
    19
    DR. DOREVITCH: Sure. The other two
    20 groups are unexposed recreators, people who are
    21 outdoors doing some recreational activity at about
    22 the same place and the same time as the people who
    23 recruit into the water exposed groups. The other
    24 group is the -- what we call the general use water
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    36
    1 group. These are folks doing activities that are
    2 done on the CAWS, but they are doing them at other
    3 locations, such as Lake Michigan, Skokie Lagoons,
    4 and other waters.
    5
    MS. ALEXANDER: Okay. I'm going to
    6 move on to pre-filed question four. This concerns
    7 the statement at Page 2 of your testimony that one
    8 of the goals of the CHEERS study is to determine
    9 whether rates of illness are higher among CAWS
    10 recreators as compared to recreators doing the same
    11 activities on waters that do not receive treated
    12 wastewater. Am I correct in understanding that this
    13 means you're comparing illness rates among people
    14 engaged in the same category activities, such as
    15 canoeing and kayaking?
    16
    DR. DOREVITCH: Those analyses will be
    17 done, yes.
    18
    MS. ALEXANDER: Okay. Now were any
    19 assumptions made in your study about the manner in
    20 which people engage in these activities?
    21
    DR. DOREVITCH: No.
    22
    MS. ALEXANDER: Okay. So would it be
    23 fair to say that the operating assumption, by
    24 default, would be that people engaged in these
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    37
    1 activities in a roughly comparable manner regardless
    2 of which water body they were on? You didn't assume
    3 that people were, for instance, kayaking in a
    4 substantially different manner when they were on
    5 Lake Michigan as opposed to on the CAWS?
    6
    DR. DOREVITCH: No, that would be an
    7 assumption. We didn't -- I'm not assuming that at
    8 all.
    9
    MS. ALEXANDER: Right. Okay. Now in
    10 terms of water bodies that are being used as a
    11 control comparison, you mentioned the Skokie
    12 Lagoons. Is Lake Michigan another one?
    13
    DR. DOREVITCH: Correct.
    14
    MS. ALEXANDER: Okay. Is it possible,
    15 in your view, that people engaged in the types of
    16 recreational activities that you're looking at, in
    17 particular kayaking and canoeing, would have a
    18 greater level of body contact with the water in a
    19 clean water body than a contaminated one?
    20
    DR. DOREVITCH: It is possible.
    21
    MS. ALEXANDER: Okay. In other words,
    22 it's possible that a kayaker on Lake Michigan would
    23 be more willing to roll their kayak or engage in a
    24 water fight than one on the Chicago Area Waterway
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    1 System?
    2
    DR. DOREVITCH: It's possible.
    3
    MS. ALEXANDER: Okay.
    4
    MR. ANDES: If I can follow up, is
    5 there any -- do you know of any basis to believe
    6 that the behavior is any different on one water body
    7 versus another?
    8
    DR. DOREVITCH: No, I don't at this
    9 point, but we do ask people all kinds of questions
    10 that will allow us to determine if that's the case
    11 or not.
    12
    MS. ALEXANDER: Are you referring to
    13 the questions as to whether they fell into the
    14 water?
    15
    DR. DOREVITCH: That's -- that's
    16 one type -- yeah, that's one question. But there's
    17 a whole series of questions that essentially get at
    18 how wet did somebody get. We ask if they -- if a
    19 person got wet at all, and if they did, then there's
    20 a series of followup questions about, "Well, did
    21 your head get wet, did your hands get wet, did your
    22 face get wet, did you get water in your mouth, in
    23 your hands, in your feet," and then for each one of
    24 those there's a followup question about "Well, was
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    39
    1 it a few drops, a splash, were you submerged," et
    2 cetera. So rather than assuming that people in all
    3 locations or in all recreational activities get
    4 equally wet, we have questions trying to get at
    5 that.
    6
    MS. ALEXANDER: In your results, will
    7 you be breaking out the risk to kayakers or canoers
    8 who got substantially wet, however you might define
    9 that, as opposed to the ones who stayed mostly dry?
    10 Are you essentially going to lump your results as a
    11 risk to people engaging in that particular activity?
    12
    DR. DOREVITCH: Well, we'll do many
    13 levels of analysis. The most crude would just be
    14 differences in rates of illness among groups. But
    15 to determine what the potential confounders are and
    16 the potential CAWS pathways are, we'd have to look
    17 at the individual factors that you're talking about,
    18 is it a specific recreational activity, is it a
    19 certain level of water exposure, is it water
    20 ingestion, et cetera. And if one of those factors
    21 is, in fact, a predictor of rates of illness, then
    22 that would be included in, sort of, the final models
    23 of predicting illness rates.
    24
    MS. ALEXANDER: Would it be fair to
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    40
    1 say that in order to assess the risk of not merely
    2 of engaging in a particular activity, but of
    3 actually getting substantially wet engaging in that
    4 activity, you would have to have a statistically
    5 significant sample of both people getting
    6 significantly wet in the control water body as
    7 opposed to -- and in the CAWS as well?
    8
    DR. DOREVITCH: I'm sorry. Could you
    9 repeat the question?
    10
    MS. ALEXANDER: If one were to assess
    11 specifically the risk observed of not merely
    12 engaging in an activity such as kayaking, but
    13 engaging in an activity in a manner that got you
    14 substantially wet, would you need a statistically
    15 significant sample of both people who got
    16 significantly wet in the control water body and of
    17 people who got significantly wet in the
    18 experimental, the CAWS water body?
    19
    DR. DOREVITCH: You know, it kind of
    20 depends on what analysis you're talking about.
    21 There are analysis that have to do with difference
    22 between groups, and there are differences that have
    23 to do with in the rates of illness has a function of
    24 water quality. In the rates of illness as a
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    41
    1 function of water quality, people in the CAWS group
    2 and the general use group would be pooled together,
    3 and there'd be, sort of, a wide spectrum of ranges
    4 of water quality.
    5
    For the differences between
    6 groups, to identify something like the extent of
    7 water contact, right, you would need more that would
    8 be one level of exposure. So some people have to
    9 have low, and some people have to have high. How
    10 many you need in each group would depend on the
    11 strength of the association. If it's a strong
    12 causal factor, you would need fewer people in each
    13 group. If it's a very subtle week effect, then it
    14 would take many, many more people to -- in those
    15 subsets to be able to identify an association
    16 between exposure levels within groups.
    17
    MS. ALEXANDER: Okay. Based on the
    18 answers that you received so far to your
    19 questionnaires, have you taken a look yet or
    20 attempted to quantify the number of people who
    21 became significantly wet, or for want of a better
    22 way to put it, fell in the water, got their head in?
    23
    DR. DOREVITCH: Not at that point, no.
    24
    MS. ALEXANDER: Okay. Pre-file
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    42
    1 question five referring to Page 3 of your pre-file
    2 testimony, you state that you would be more inclined
    3 to support immediate disinfection of the CAWS if
    4 there were known disease outbreaks associated with
    5 CAWS recreation. Is it possible as a general matter
    6 for disease outbreaks to go undetected and/or
    7 unreported?
    8
    MR. ANDES: First of all, let me
    9 object to the characterization. It's not what he
    10 said on Page 3. He suggested public health action
    11 now. That's not immediate disinfection.
    12
    MS. ALEXANDER: Okay. What did you
    13 mean by public health action now?
    14
    DR. DOREVITCH: I didn't think of
    15 disinfection as immediate public health action.
    16 That sounds like something that takes years to put
    17 together. If, let's say, there were outbreaks of
    18 disease, significant acute public health risks, an
    19 example of an immediate public health action could
    20 be prohibiting recreational activity, prohibiting
    21 recreational activities at certain locations,
    22 prohibiting specific types of recreation, things
    23 like that. I didn't mean disinfection when I said
    24 immediate public health action, something that a
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    43
    1 health department could, you know, move in and get
    2 done quickly.
    3
    MS. ALEXANDER: Okay. So when you
    4 state, then, that, you know, effectively that lack
    5 of observation of disease outbreaks on the CAWS
    6 associated with recreation is, you know, is that,
    7 you know, that's your reason for -- I'm tangled up
    8 in this -- that's the reason you don't support
    9 immediate public health action, you're not saying,
    10 then, that the lack of observed outbreaks on the
    11 CAWS is a reason not to disinfect, per se?
    12
    DR. DOREVITCH: Well, I'm not saying
    13 anything about disinfection there.
    14
    MS. ALEXANDER: Okay. Let me go back
    15 to my question, then. Is it possible for disease
    16 outbreaks to go undetected and/or unreported?
    17
    DR. DOREVITCH: Yes.
    18
    MS. ALEXANDER: Okay. Does this
    19 happen with some frequency, in your view?
    20
    DR. DOREVITCH: Yes.
    21
    MR. ANDES: A follow up, so how do we
    22 know when they're undetected and unreported?
    23
    DR. DOREVITCH: We don't know, but
    24 there are -- there's reason to think that the
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    44
    1 current public health surveillance system is weak,
    2 and that it's only capturing a fraction of all
    3 outbreaks that occur, but what percent are captured
    4 and what percent are not captured is not known.
    5
    MS. ALEXANDER: And, in fact, would a
    6 disease outbreak be more likely to go undetected if
    7 it involved a type of pathogen that was infectious
    8 but frequently asymptomatic?
    9
    DR. DOREVITCH: Yes.
    10
    MS. ALEXANDER: Okay.
    11
    MR. ANDES: Do you have a particular
    12 pathogen in mind?
    13
    MS. ALEXANDER: Not at the moment. I
    14 could get back to you on that, and I'm sure our
    15 expert will get back to you on that.
    16
    MR. ANDES: Fine.
    17
    MS. ALEXANDER: And is it possible in
    18 your view that a pathogen could be dangerous to a
    19 small but distinct subgroup of recreational users,
    20 such as children or users with a high level of body
    21 contact, like boaters who fall in the water, without
    22 actually causing a disease outbreak, or say a
    23 technical disease outbreak?
    24
    DR. DOREVITCH: You're asking if it's
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    45
    1 possible that a pathogen can cause an outbreak that
    2 goes undetected?
    3
    MR. ANDES: Or are you asking --
    4
    MS. ALEXANDER: No, I'm saying an
    5 undetected outbreak, not an undetected pathogen.
    6
    MR. ANDES: And as to those particular
    7 groups? Was that --
    8
    MS. ALEXANDER: Yeah. What I'm asking
    9 is: Is it possible that a pathogen of some sort
    10 could be dangerous to a small but distinct subgroup
    11 of recreational users, like children or people who
    12 fall in the water, without actually causing a
    13 detectable outbreak?
    14
    DR. DOREVITCH: Well, I'm not exactly
    15 sure what detectable means, but it's possible for an
    16 outbreak like that to occur and not be detected.
    17
    MS. ALEXANDER: Okay.
    18
    DR. DOREVITCH: Yeah.
    19
    MR. GIRARD: Could I ask a quick
    20 followup, Dr. Dorevitch?
    21
    DR. DOREVITCH: Yeah.
    22
    MR. GIRARD: How do you define
    23 outbreak?
    24
    DR. DOREVITCH: In the context of
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    1 waterborne diseases, the centers for disease control
    2 and the USEPA maintain a database called the
    3 waterborne disease outbreak surveillance system, and
    4 the definition there is an outbreak is two or more
    5 cases that are linked together in terms of the
    6 location, the type of illness, and the time that
    7 they occur. So two people can be an outbreak?
    8
    MR. GIRARD: And that's the definition
    9 you're using when you use the term outbreak?
    10
    DR. DOREVITCH: Well, I think I've
    11 used outbreak and epidemic probably more than once,
    12 and I think in one context I was talking
    13 specifically about that surveillance system, but
    14 more broadly, an outbreak has a pretty general
    15 definition. It's a greater number of cases than
    16 expected, and it isn't more rigorous than that in
    17 terms of it has to be ten times more than expected
    18 or twice the number expected. So I'm using it in
    19 both senses that on the CAWS or other local waters,
    20 it's entirely possible that outbreaks occur, whether
    21 it's the two-case definition or greater than
    22 expected. But these have not been recognized by
    23 state, local, or federal public health surveillance
    24 agencies.
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    1
    MR. GIRARD: So in general, we've got
    2 two definitions here going on. I mean, we've got
    3 the specific one from the CBC, and then we've also
    4 got -- I think you said the very general definition
    5 of what an outbreak is.
    6
    DR. DOREVITCH: Yes.
    7
    MR. GIRARD: Thank you.
    8
    MS. TIPSORD: Mr. Harley, you had a
    9 followup?
    10
    MR. HARLEY: Calling your attention to
    11 Exhibit 99, which was introduced into evidence by
    12 the Water Reclamation District, it's the effects of
    13 wastewater disinfection on human health, of which
    14 Dr. Blatchley was one of the authors. There's a
    15 statement in that report 11 pages from the end in
    16 the risk assessment section that we were discussing
    17 before the break. It states --
    18
    MR. ANDES: Let me just grab that,
    19 okay?
    20
    MR. HARLEY: Sure. Looking in the
    21 second full paragraph, about halfway through that
    22 paragraph, it states as few as ten percent of
    23 outbreaks have been documented, and putting that
    24 into context of the previous sentence, we're talking
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    48
    1 about reported waterborne outbreaks in the United
    2 States. Would you agree with that statement?
    3
    DR. DOREVITCH: That's possible.
    4
    MR. HARLEY: Is that consistent --
    5
    DR. DOREVITCH: It may be ten percent.
    6 I don't think it's really known. I don't really
    7 think -- you know, it's sort of -- we don't know
    8 what the denominator is. We know how many outbreaks
    9 are captured by the surveillance system on -- for
    10 2005, 2006, there were, I think, 78 outbreaks
    11 reported nationally in terms of recreational water.
    12 We don't know if that -- if it were 78 out of 780,
    13 it's ten percent. But we don't really know if it's
    14 780 or 280 or 1,000.
    15
    MR. HARLEY: The following sentence
    16 refers specifically to gastrointestinal illnesses.
    17 It says "Gastrointestinal illnesses are largely
    18 unreported due to the lesser severity of illness in
    19 healthy individuals." Would you agree with that
    20 statement?
    21
    DR. DOREVITCH: I'm not exactly sure
    22 what the context is, but it's true that the majority
    23 of cases of gastrointestinal illness do not result
    24 in notification of public health authorities.
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    1
    MR. HARLEY: Are you familiar with the
    2 Geosyntec risk assessment? I believe you testified
    3 that you are.
    4
    DR. DOREVITCH: Yeah. I've seen that,
    5 yes.
    6
    MR. HARLEY: And you're familiar,
    7 though, with the fact that in that report the focus
    8 is gastrointestinal illness?
    9
    DR. DOREVITCH: Yes.
    10
    MR. HARLEY: Thank you.
    11
    MR. ANDES: If I can follow up on a
    12 couple things. One is if you can help us
    13 understand, a risk assessment, am I right, is not
    14 intended to reflect, sort of, actual exposure. In
    15 fact, the epidemiologic study is what's intended to
    16 look at what's really going on on the ground. Can
    17 you -- what's --
    18
    DR. DOREVITCH: Well, I think the -- I
    19 think risk assessment and epidemiologic studies are
    20 two different approaches to getting at some of the
    21 questions. Both kinds of study could try to
    22 determine what our rates of illness in an
    23 epidemiologic study, that would be directly measured
    24 in a risk assessment that would be modeled. So
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    50
    1 there are two different ways of getting at the same
    2 question.
    3
    MS. ALEXANDER: Just a quick followup
    4 regarding the risk assessment that I believe I
    5 neglected to ask earlier. You testified that you
    6 reviewed the risk assessment in draft. Did you have
    7 any comments on it at that time?
    8
    MR. ANDES: I think it might have been
    9 the interim report, which it wasn't actually a
    10 draft.
    11
    MS. ALEXANDER: I don't believe so. I
    12 believe -- actually, well, I should ask you. Was it
    13 the interim report that you reviewed, or was it a
    14 draft of the final report?
    15
    DR. DOREVITCH: No. It wasn't a draft
    16 of the final report. I don't remember for sure what
    17 was available in February of '07, but if -- I don't
    18 know if it was interim or draft, but it was the dry
    19 weather risk assessment, and it may have been the
    20 interim report.
    21
    MS. ALEXANDER: Okay. If it was dry
    22 weather in your graph, it was in the interim report.
    23
    MS. TIPSORD: For the record, that's
    24 Exhibit 76.
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    51
    1
    MS. ALEXANDER: Okay. I'll ask my
    2 question generally. Did you have any comments on
    3 either the interim or the final risk assessment when
    4 you reviewed it?
    5
    DR. DOREVITCH: No.
    6
    MS. ALEXANDER: Okay. I'd like to
    7 move on to pre-filed question six, which refers to
    8 the statement on Page 4 of your testimony, second to
    9 the last sentence on that page. This is the first
    10 epidemiologic study of the risks of fishing,
    11 boating, rowing, and paddling. Have there, in fact,
    12 been -- or I should say I believe you identify in
    13 your overview at Page 7 previous epidemiologic
    14 studies concerning the risk of waterborne illness to
    15 nonprimary contact recreational users?
    16
    DR. DOREVITCH: Right.
    17
    MS. ALEXANDER: Okay. Did these
    18 studies find elevated risk of waterborne illness?
    19
    DR. DOREVITCH: Well, they didn't all
    20 find the same thing, and one of them wasn't really
    21 able to comment on elevated risk or not. There are
    22 three papers that I was referring to. It's Futrel
    23 (phonetic) 1992, which did find an elevated rate of
    24 illness in white water slalom canoeists, compared to
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    52
    1 people canoeing on -- I'm sorry -- compared to
    2 people canoeing on a pristine water, and compared to
    3 people who are unexposed.
    4
    MR. ANDES: You have all three of
    5 these here.
    6
    DR. DOREVITCH: Futrel 1994 did not
    7 find elevated rates of illness in people who were in
    8 canoeing and rowing regattas or canoe marathon and
    9 rowing regattas, compared to people who were
    10 unexposed, and Lee 1997 didn't have an unexposed
    11 group. So they report a rate, but there isn't a
    12 reference in terms of what was going on in a similar
    13 population, were the rates of illness higher, lower,
    14 or the same.
    15
    MS. TIPSORD: We have a 1992 Help
    16 Steps of Whitewater Canoeing by L. Futrel, et al,
    17 from Lancet (phonetic).
    18
    MR. ANDES: I'm not sure that we had a
    19 complete copy of that.
    20
    MS. TIPSORD: Did we just have the
    21 first page of that?
    22
    MS. ALEXANDER: My copy was
    23 incomplete.
    24
    MS. TIPSORD: Okay. All right.
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    53
    1
    MS. ALEXANDER: So let's make it a
    2 complete copy.
    3
    DR. DOREVITCH: Yeah. It's a
    4 three-page paper.
    5
    MS. TIPSORD: Okay.
    6
    MR. ANDES: That's the first one.
    7
    MS. TIPSORD: Okay. And then I also
    8 have already in the record -- and again it may have
    9 been an incomplete -- Help Steps of Low-Contact
    10 Water Activities in Fresh and E-s-t-u-r-i-m-e
    11 Waters.
    12
    MR. ANDES: That's six pages.
    13
    MS. TIPSORD: Let's go ahead and enter
    14 it just to be on the safe side, because I don't have
    15 the actual exhibit with me. Sorry.
    16
    MR. ANDES: And that's the third one.
    17
    MS. TIPSORD: And actually before I
    18 enter this one -- I'm going to check at break,
    19 because I think this one is complete -- I think we
    20 do -- do you have your copy with you by chance?
    21
    MR. ANDES: I think I did introduce it
    22 earlier.
    23
    MS. TIPSORD: The 1994 document, the
    24 Health Effects of Low-Contact Water Activities, and
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    1 I think we entered it as Exhibit 79. I think that's
    2 the complete copy that's already admitted. The
    3 Lancet copy was only the first page.
    4
    MS. WILLIAMS: Do you have it?
    5
    MS. TIPSORD: Is that a copy of
    6 Exhibit 74? This is the new one he's given us. I
    7 think it's six pages. Yeah. We already have
    8 this -- the Health Effects of Low-Contact Water
    9 Activities by Futrel et al., is already admitted as
    10 Exhibit 79. That's from 1994. The Health Effects
    11 of Whitewater Canoeing by Futrel et al., the
    12 complete copy, we will mark as Exhibit 101, if
    13 there's no objection. Seeing none, it is
    14 Exhibit 101. And then the other document is,
    15 Doctor?
    16
    DR. DOREVITCH: Bacteriophages.
    17
    MS. TIPSORD: Bacteriophages are a
    18 Better Indicator of Illness Rates Than Bacteria
    19 Amongst Whitewater Fed by a Low Land River. This is
    20 from Pergemon (phonetic), is that correct?
    21
    DR. DOREVITCH: Lee. Oh, oh, the
    22 journal?
    23
    MS. TIPSORD: Yes.
    24
    DR. DOREVITCH: Water Science and
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    55
    1 Technology.
    2
    MS. TIPSORD: Okay. From 1997, and
    3 I'll mark that as Exhibit 102 if there's no
    4 objection. Seeing none, it's Exhibit 102.
    5
    MS. ALEXANDER: Okay. Referring first
    6 to Exhibit 101, which is the 1992 Futrel study that
    7 you site in your study overview, am I correct that
    8 the research there concluded that white water canoer
    9 studies were 4.2 times more likely to experience a
    10 gastrointestinal illness than nonexposed
    11 individuals?
    12
    MR. ANDES: Where are you getting that
    13 from?
    14
    DR. DOREVITCH: Yeah, right. You're
    15 talking about table two, in an unadjusted analysis,
    16 right, that's what it showed, that GI symptoms were
    17 4.25 times more common in the white water slalom
    18 canoeists, compared to people who did not
    19 participate in water recreation activity.
    20
    MS. ALEXANDER: Okay. Am I also
    21 correct in understanding that the fecal coliform
    22 content of the water was 185 colony forming units
    23 per 100 millimeters?
    24
    DR. DOREVITCH: It's 285.
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    1
    MS. ALEXANDER: 285, I'm sorry. And
    2 now Exhibit 102, just so I understand, there was --
    3 am I correct that the conclusion reflected on
    4 Page 169 of that study was the use of lowland water
    5 for white water canoeing results in a significant
    6 rate of gastrointestinal illness related to the
    7 microbiologies of the water?
    8
    DR. DOREVITCH: I'm sorry. I lost
    9 you. Which paper are we on?
    10
    MS. ALEXANDER: I'm sorry. We're now
    11 on Exhibit 102, bacteriophages are a better
    12 indicator.
    13
    DR. DOREVITCH: Oh, okay.
    14
    MS. ALEXANDER: The Lee paper.
    15
    DR. DOREVITCH: The Lett paper. And
    16 I'm sorry, would you mind repeating what you had
    17 read?
    18
    MS. ALEXANDER: Page 169, I just want
    19 to confirm that the conclusion stated at the bottom
    20 is, in fact, that use of lowland water for white
    21 water canoeing results in a significant rate of
    22 gastrointestinal illness, which is related to the
    23 microbiology of the water.
    24
    DR. DOREVITCH: That is what the
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    57
    1 authors conclude. I have a little bit of an issue
    2 with the idea that they're calling it a significant
    3 rate. I think to know whether the rate is higher or
    4 lower or the same is a demographically similar group
    5 of people, you'd have to study those people, and
    6 they know what the rate of illness is among the
    7 people who are in the research. They don't really
    8 have a basis for comparison. So maybe it's one per
    9 thousand higher, or maybe it's one hundred per
    10 thousand higher than the general population, but
    11 there isn't enough information to know that.
    12
    MS. ALEXANDER: Okay. You also
    13 footnote, I believe, at page -- at Page 9 of your
    14 testimony, in Section 3.1.4, a study by Taylor, et
    15 al., in South Africa. Is that correct?
    16
    DR. DOREVITCH: Yes.
    17
    MS. ALEXANDER: Okay. And am I
    18 correct that the Taylor research concluded that
    19 canoers are 7.8 times more likely to show evidence
    20 of having been exposed to the waterborne pathogen at
    21 issue, in that case schistosoma?
    22
    DR. DOREVITCH: You know, I don't have
    23 that paper front of me, but that may be what they
    24 concluded. I -- you know, I don't think that that's
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    58
    1 particularly relevant, because schistosomiasis is
    2 not a local waterborne disease.
    3
    MS. ALEXANDER: But it is a waterborne
    4 disease, correct?
    5
    DR. DOREVITCH: It sure is.
    6
    MS. ALEXANDER: Okay.
    7
    DR. DOREVITCH: But not something that
    8 we're trying to measure here, because it doesn't
    9 occur here.
    10
    MS. ALEXANDER: Now are you familiar
    11 with the 2007 study by Robert et al. that --
    12 concluded that anglers washing fish in water
    13 infected with cryptosporidium had a mean probability
    14 of infection of 81 percent?
    15
    MR. ANDES: Are we going to introduce
    16 this as evidence?
    17
    MS. ALEXANDER: We're going to
    18 introduce it as an exhibit.
    19
    DR. DOREVITCH: I am familiar with
    20 that paper.
    21
    MS. ALEXANDER: Okay.
    22
    MS. TIPSORD: I'm sorry. Did you say
    23 you are familiar with it?
    24
    DR. DOREVITCH: I am.
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    59
    1
    MS. ALEXANDER: I would like to have
    2 marked this document with the cover page the Journal
    3 of Toxicology and Environmental Health.
    4
    MS. TIPSORD: And is this a complete
    5 copy of this?
    6
    MS. ALEXANDER: It appears to be to
    7 me.
    8
    MS. TIPSORD: Okay. If there's no
    9 objection, we'll mark the Journal of Toxicology and
    10 Environmental Health Part A --
    11
    DR. DOREVITCH: Probabilistic.
    12
    MS. TIPSORD: Probabilistic -- too
    13 many Bs in there, sorry -- of Cryptosporidium
    14 Exposure Among Baltimore Urban Anglers as
    15 Exhibit 103 if there's no objection. Seeing none,
    16 it's Exhibit 103 of -- the date is January 2007.
    17 Thank you.
    18
    MS. ALEXANDER: Am I correct that you
    19 did not site this study in the documents submitted
    20 in connection with your testimony? I'm not sure.
    21 There's 800 pages of them.
    22
    DR. DOREVITCH: I probably didn't.
    23 It's not an epidemiologic study, it's a risk
    24 assessment.
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    60
    1
    MS. ALEXANDER: Okay.
    2
    DR. DOREVITCH: And I -- in the
    3 context of the epidemiologic study that I'm doing, I
    4 want to know about risk assessments, but the primary
    5 focus, what's most immediately relevant, are the
    6 epidemiologic studies. So I do know about this
    7 study, but it didn't inform the design of the CHEERS
    8 study at all.
    9
    MS. ALEXANDER: Are you also familiar
    10 with the 1896 study by Dwailly et al. concerning
    11 windsurfing?
    12
    DR. DOREVITCH: I don't think so, no.
    13
    MS. ALEXANDER: Okay.
    14
    MR. ANDES: Can you spell Dwailly?
    15
    MS. ALEXANDER: That would be
    16 D-w-a-i-l-l-y, and this was the study in which
    17 participants were found to be six times more likely
    18 to experience diarrhea than nonexposed participants
    19 in water containing 1,000 colony forming units of
    20 fecal coliform.
    21
    MS. TIPSORD: I'm assuming that you
    22 have that with you, because he's unfamiliar with it.
    23
    MS. ALEXANDER: Okay.
    24
    MS. TIPSORD: So if you're going to
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    61
    1 ask him about the content, you need to show it to
    2 him. I've been handed Public Health Briefs, Health
    3 Hazards associated with water, June 1986, which I
    4 will mark as Exhibit 104 if there's no objection.
    5 Seeing none, it is Exhibit 104.
    6
    MR. ANDES: Is there a question?
    7
    MS. ALEXANDER: Yes. I will reiterate
    8 the question. Well, let me ask it: Does this
    9 refresh your recollection at all as to whether you
    10 are familiar with this research?
    11
    DR. DOREVITCH: I haven't read this
    12 paper before. I probably ran across it in
    13 literature searches, but because wind surfing isn't
    14 among the recreational activities that we're
    15 interested in, I don't believe I've read it.
    16
    MS. ALEXANDER: Okay.
    17
    MS. WILLIAMS: Can I ask a followup on
    18 that? So if you were to come across a recreator on
    19 Lake Michigan whose primary activity is windsurfing,
    20 you wouldn't enroll them as a general use?
    21
    DR. DOREVITCH: Correct.
    22
    MS. WILLIAMS: Okay. What if they --
    23 what if that was one of their activities? I mean,
    24 do you ask them about all the different activities
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    62
    1 and differentiate?
    2
    DR. DOREVITCH: We ask them what they
    3 plan on doing before they start their recreational
    4 activity, and if it's one of the exclusionary
    5 activities, like swimming or water skiing, or I
    6 don't -- you know, any kind of activity that's going
    7 to cause somebody to -- you know, that's likely to
    8 result in head immersion, like wind surfing, that
    9 would not be eligible. Boogie boarding would be
    10 another one. So we ask people before they do their
    11 recreational activity what they're going to do, and
    12 then when they return for their second
    13 questionnaire, we ask them what they did, and if it
    14 was one of the exclusionary activities, then we
    15 don't continue with them in the study. They're
    16 not -- we don't do telephone followup on them.
    17
    MS. WILLIAMS: Okay. And what
    18 about -- so like if they were a canoer who decided
    19 to swim, you would then end up taking them out later
    20 when you found out they decided to go for a swim?
    21
    DR. DOREVITCH: When you say they
    22 decided to go for a swim, it sounds like you're
    23 talking about intentional swimming, as opposed to
    24 the canoe tipping over. So right, if they
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    1 intentionally swim, that's not part of what happens
    2 when somebody goes canoeing, that's what happens
    3 when somebody decides to swim. If the canoe tips
    4 over and they swim to shore, they remain in the
    5 study.
    6
    MS. WILLIAMS: Okay.
    7
    DR. DOREVITCH: That's part of the
    8 natural history of canoeing.
    9
    MS. WILLIAMS: And then where does jet
    10 skiing fall?
    11
    DR. DOREVITCH: Jet skiing is
    12 excluded.
    13
    MS. WILLIAMS: Thanks.
    14
    MS. ALEXANDER: Let me --
    15
    MR. ANDES: I'm sorry. I was just
    16 going to follow up on a couple of issues in terms of
    17 the Futrel studies we just talked about. Dr.
    18 Dorevitch, with regard to the white water canoeing,
    19 which is the issue studied in these reports, what's
    20 your assessment of the exposure characteristics of
    21 the white water canoeing versus, say, canoeing or
    22 kayaking on the CAWS?
    23
    DR. DOREVITCH: Well, I think it gets
    24 to what Ms. Alexander was saying, that people behave
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    64
    1 differently in different settings and on the CAWS, I
    2 suspect that they're -- well, we'll see what the
    3 data shows, but they may be less likely to engage
    4 in, say, tipping over.
    5
    MR. ANDES: Do you have any --
    6
    DR. DOREVITCH: White water is -- you
    7 know, a white water slalom course with steep drops
    8 is very different than the CAWS, which is a low-flow
    9 water system, and I think that a white water slalom
    10 course is so different than the CAWS that I'm not
    11 sure to what degree you can take their findings of a
    12 white water slalom course and apply them to the
    13 CAWS.
    14
    MR. ANDES: And then even -- even in
    15 that circumstance, in the second Futrel study, 1994,
    16 the conclusion was the apparent lack of identifiable
    17 health effects in these studies suggest may be
    18 appropriate to use a for low-contact recreational
    19 activities, and that was even in a situation where
    20 we were talking about white water activity.
    21
    DR. DOREVITCH: Not white water. That
    22 was rowing regattas and canoe marathons to rivers
    23 and to estuary waters. But they did conclude that
    24 the apparent lack of identifiable health effects in
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    65
    1 these studies suggested may be appropriate to use a
    2 relatively polluted water for low-contact
    3 recreational activities. So I think that among the
    4 three studies, two of them are about white water
    5 slalom activities. The one that found no increase
    6 in risk for gastrointestinal illness exposed versus
    7 unexposed, that's most relevant in terms of the type
    8 of water body would be the Futrel '94, because that
    9 is canoeing and rowing.
    10
    MR. ANDES: Thank you.
    11
    MS. WILLIAMS: Can I follow up again
    12 on what I had asked previously?
    13
    DR. DOREVITCH: Sure.
    14
    MS. WILLIAMS: So we talked about if
    15 someone was going to be jet skiing that's excluded.
    16
    DR. DOREVITCH: Right.
    17
    MS. WILLIAMS: So if you identify a
    18 recreator on the CAWS as jet skiing, would they be
    19 excluded also?
    20
    DR. DOREVITCH: Yeah. An exclusion
    21 criteria apply --
    22
    MS. WILLIAMS: Do you know --
    23
    DR. DOREVITCH: We have the same
    24 inclusion/exclusion criteria for CAWS waters and
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    66
    1 other waters.
    2
    MS. WILLIAMS: Are you keeping track
    3 of how many caws recreators you're excluding because
    4 their activity is too much --
    5
    DR. DOREVITCH: Not incidental
    6 contact. Yeah, we do keep track of that.
    7
    MS. WILLIAMS: Okay.
    8
    DR. DOREVITCH: Yeah, I'm sorry. I
    9 didn't --
    10
    MS. WILLIAMS: No, no, I think you're
    11 following better than what I was expressing, what my
    12 question was. So do you know how many of those
    13 recreators you found so far, either as a number of
    14 or percentage?
    15
    DR. DOREVITCH: I have -- there was a
    16 summary of the 2007 data that was included with my
    17 testimony, and there were four jet skiers observed
    18 in -- out of 1,700 recreational observations. So it
    19 occurs, but not frequently, based on what we saw
    20 last year. But because the purpose of the reserve
    21 is to evaluate the health effects of incidental
    22 contact activities, we have these exclusionary
    23 criteria --
    24
    MS. WILLIAMS: Right.
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    67
    1
    DR. DOREVITCH: -- and it's not just
    2 about water recreation in general, so that we focus
    3 on canoeing, rowing, boating, and fishing.
    4
    MS. WILLIAMS: So -- but when you say
    5 that you're keeping track of activities that's
    6 included because it doesn't meet the study model,
    7 that's based on we saw a jet skier go by, not based
    8 on people you would interview, they're getting ready
    9 to go recreate?
    10
    DR. DOREVITCH: No, it's -- they're
    11 two different things.
    12
    MS. WILLIAMS: Okay.
    13
    DR. DOREVITCH: One is what we call
    14 the use survey, that there is a -- teams of about
    15 four to seven people go out to recruit and interview
    16 study participants, and one of them is designated
    17 the use survey person, and they have a tally, and
    18 they check, according to our protocol, new uses, new
    19 users, and that's counting how many people we see
    20 beginning a new recreational activity.
    21
    There is something different
    22 called the refusal tally, and that is when we --
    23 when the recruiters approach somebody and they ask
    24 them to be in the study, somebody may not want to
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    1 participate. They may want to participate, but may
    2 be ineligible for various reasons, and they do track
    3 that as well.
    4
    MS. WILLIAMS: Okay. Thank you.
    5
    DR. DOREVITCH: Sure.
    6
    MS. WILLIAMS: Sorry if I got off
    7 track from Ms. Alexander's questions.
    8
    MS. ALEXANDER: Dr. Dorevitch,
    9 returning to this issue of your testimony concerning
    10 the difference between white water and flat water
    11 canoeing, essentially, are you aware of any research
    12 that has been done to quantify any differential
    13 between the amount of water likely to be ingested in
    14 one versus the other?
    15
    DR. DOREVITCH: I'm not aware of any
    16 research about water ingestion for any kind of
    17 canoeing, white water or flat water.
    18
    MS. ALEXANDER: Is it possible in your
    19 view that someone who falls into the water in a flat
    20 water contact could ingest as much or perhaps even
    21 more than somebody who's engaged in white water
    22 canoeing?
    23
    DR. DOREVITCH: You're asking me if
    24 it's possible?
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    1
    MS. ALEXANDER: Yeah, in your view.
    2
    DR. DOREVITCH: On the level of an
    3 individual, an individual could fall in the water in
    4 a flat water situation and ingest more than somebody
    5 who falls in the water in a white water situation,
    6 sure. In terms of general observations, I don't
    7 think there's anything out there. You know, I don't
    8 -- there's no science to base that on.
    9
    MS. ALEXANDER: As a general matter,
    10 can you define what the parameters were for your
    11 literature survey? You mentioned a few things that
    12 you excluded because you didn't think they were
    13 relevant. What did you consider relevant for the
    14 survey?
    15
    DR. DOREVITCH: Well, all
    16 epidemiologic studies of water recreation were
    17 searched to the degree possible. There were two
    18 review articles in the last decade -- well, no,
    19 there were Pruse (phonetic), Annette Pruse, I
    20 believe in 1996 or 1998, and then there was Timothy
    21 Wade in 2003, and those were review articles of the
    22 health risks of water recreation, and those two
    23 articles cited literature, and then search engines,
    24 such as Pub Med and the -- something called the Web
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    1 of Science, Web of Knowledge, were searched using
    2 terms like canoeing, kayaking, rowing, fishing,
    3 boating, swimming, different recreational
    4 activities, epidemiology, health risks, water
    5 quality. These were some of the search terms that
    6 were used to review the -- to identify the
    7 literature, and some of those studies are more
    8 relevant than others. Some are about primary
    9 contact activities, while our interest is limited
    10 contact or incidental contact or secondary contact
    11 recreation. Some of them are marine settings as
    12 opposed to fresh water settings, but so I -- that
    13 was the approach.
    14
    MS. ALEXANDER: I believe you
    15 testified a moment ago that the reason you felt you
    16 might not have been familiar with the Dwailly study
    17 or might not have focused on it was that it
    18 concerned windsurfing, which is not a CAWS activity.
    19 What I would like to understand is whether there are
    20 any other categories of activities that may have
    21 been encompassed in the net of your literature
    22 search globally, as you described it, but were not
    23 carefully considered or were dismissed as not
    24 relevant to the review, besides wind surfing and
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    1 swimming and jet skiing, I think has been mentioned.
    2
    DR. DOREVITCH: Well, I wouldn't say
    3 those were dismissed and not reviewed. I've
    4 reviewed many of the swimming studies, especially
    5 the large epidemiologic studies. I believe that
    6 there's a report about -- it's either scuba diving
    7 or snorkeling, or maybe one of each that just were
    8 not about activities that take place on the CAWS and
    9 were not reviewed. I can't think of any others
    10 right now.
    11
    MS. ALEXANDER: Okay. What I'm trying
    12 to understand is what falls into this category of
    13 activities that do not take place on the CAWS that
    14 you excluded from further analysis? And you
    15 mentioned wind surfing in connection with Dwailly
    16 and you just mentioned snorkeling. Is there
    17 anything else? Did you exclude studies of fishing
    18 on that basis?
    19
    DR. DOREVITCH: I didn't say it's
    20 because they don't take place on the CAWS, it's
    21 because they're not incidental contact recreation,
    22 so --
    23
    MS. ALEXANDER: Okay.
    24
    DR. DOREVITCH: Fishing is incidental
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    1 contact recreation that was not excluded. That was
    2 something that was reviewed.
    3
    MR. ANDES: So let me follow up.
    4 There are two separate issues. One is what
    5 information was reviewed, and the other is what
    6 information is being factored into your work, and if
    7 you want to explain the process by which you
    8 developed this study and what information is being
    9 used in what way.
    10
    DR. DOREVITCH: Well, this study is
    11 based, more than anything else, on the USEPA's study
    12 called the NEER study, the National Epidemiological
    13 Environmental Study of Recreational -- now I'm
    14 getting confused. National Epidemiological --
    15
    MR. RAO: Environmental.
    16
    DR. DOREVITCH: Environmental -- thank
    17 you -- Assessment of Recreational Waters, and our
    18 study is based in many ways on that one, but it's
    19 based on others as well that use the perspective
    20 cohort design, such as the Futrel 1992, the Lee '97,
    21 the Futrel '94, other studies using different
    22 designs, such as the randomized control trials were
    23 also reviewed. But the ones that are particularly
    24 relevant to the development of this study were the
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    1 epidemiologic studies of cohort design, looking at
    2 recreational water, and if that study addressed
    3 incidental contact recreation, or was it very large
    4 study like the NEER study, those were reviewed more
    5 extensively.
    6
    MR. ANDES: And used in designing your
    7 study? Is that --
    8
    DR. DOREVITCH: They were reviewed in
    9 thinking about developing a design for this study.
    10 I wouldn't say that there's a particular study that
    11 we saw and said "This is what our study has to be."
    12 Futrel -- the two Futrel studies, Lee, there's a
    13 study of Colfert (phonetic), 2007, which is a
    14 perspective cohort study. That was only published
    15 after our project was under development, but that
    16 and the studies that Tim Wade has published in 2006
    17 and 2008 have a lot of similarities in term of study
    18 design to the CHEERS study.
    19
    MS. ALEXANDER: And lastly, I just
    20 wanted to follow up briefly on Ms. Williams' line of
    21 questions. You mentioned that four jet skiers were
    22 excluded from the study. Are those -- just help me
    23 understand -- those were jet skiers on the CAWS, or
    24 was that four total in both the CAWS and in the
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    1 control water bodies?
    2
    DR. DOREVITCH: Well, I didn't say
    3 they were excluded. They were observed. They
    4 would've been excluded had they wanted to
    5 participate.
    6
    MS. ALEXANDER: Okay.
    7
    DR. DOREVITCH: But they were people
    8 who were observed --
    9
    MS. ALEXANDER: Okay.
    10
    DR. DOREVITCH: -- doing their jet
    11 skiing, and that was at the CAWS. That was -- two
    12 were observed at Worth and two were observed in
    13 Alsip, so four people.
    14
    MS. ALEXANDER: Okay. Did you also
    15 observe jet skiers on the control water bodies,
    16 Skokie Lagoons and Lake Michigan?
    17
    DR. DOREVITCH: Yes.
    18
    MS. ALEXANDER: Would you say you
    19 observed more jet skiers on those water bodies than
    20 on the CAWS?
    21
    DR. DOREVITCH: I would say that, yes.
    22 We don't track recreational use of the other water
    23 bodies. We track -- the use survey is only
    24 performed at the CAWS. The refusal tally is
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    1 performed at all locations, but the use survey is
    2 performed at the CAWS only. So I don't have hard
    3 numbers on that, but without a doubt, there's a lot
    4 more jet skiing at Lake Michigan, say, than on the
    5 CAWS.
    6
    MS. ALEXANDER: Can you give me just a
    7 general quantification of more, an estimate in your
    8 observation?
    9
    DR. DOREVITCH: A whole lot. I mean,
    10 I don't -- I don't have numbers. So I could make
    11 something up.
    12
    MS. ALEXANDER: Could it be more than
    13 100 that you observed?
    14
    MR. ANDES: He just said he didn't
    15 know.
    16
    DR. DOREVITCH: You know, I --
    17
    MS. ALEXANDER: But he was there.
    18
    DR. DOREVITCH: Well, I'm not there
    19 all the time. But from the times that I've been out
    20 there, it's observed frequently. I'm hesitant to
    21 put a number on something that wasn't counted or
    22 even estimated, but it seemed commonly.
    23
    MS. ALEXANDER: Okay.
    24
    MR. ANDES: It's a great lake.
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    1
    MR. JOHNSON: Let me ask a quick
    2 question, Doctor. Are you attempting to
    3 subcategorize the more active incidental contact
    4 activities and the more sedentary ones? Like, are
    5 you trying to keep equal numbers of each in both
    6 CAWS and non-CAWS categories?
    7
    DR. DOREVITCH: Well, the guiding
    8 principal in the CAWS group is that we want
    9 recruitment to reflect actual use. So if ten
    10 percent of the people are rowers, and --
    11
    MR. JOHNSON: That's what you're going
    12 to get outside of the CAWS. Okay.
    13
    DR. DOREVITCH: That's what we want to
    14 get in the CAWS. In the general use waters, you
    15 know, we don't tailor or recruit to, you know, say
    16 we need three more fisherman or something like that.
    17 From a statistical perspective, it would be great if
    18 we had even numbers of all recreational activities
    19 divided between the two groups. It's not going to
    20 come out that way, and when the interviewing teams
    21 are out there, we don't want them to have any kind
    22 of preconceived notions about "We want these guys in
    23 the study, but not those guys." Anybody doing
    24 eligible water recreation activities are to be
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    1 recruited into the study.
    2
    MR. JOHNSON: Do you see what I'm
    3 getting at? And I think the more active activities
    4 you're going to -- you're necessarily going to have
    5 less -- in my opinion -- less illness than you will
    6 in the more sedentary activities.
    7
    DR. DOREVITCH: That's a -- that's a
    8 possibility. We'll find out. You know, we'll see
    9 what the data shows.
    10
    MR. JOHNSON: Thank you.
    11
    DR. DOREVITCH: But those sort of
    12 analyses will be performed.
    13
    MS. ALEXANDER: I'd like to move on to
    14 pre-filed question seven.
    15
    MS. TIPSORD: In that case, Ms.
    16 Alexander, let's take a 10 minute break.
    17
    MS. ALEXANDER: Okay.
    18
    (Whereupon, a break was taken,
    19
    after which the following
    20
    proceedings were had.)
    21
    MS. TIPSORD: Miss Alexander, I think
    22 we're ready for your pre-filed question number seven
    23 for Dr. Dorevitch.
    24
    MS. ALEXANDER: Okay.
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    1
    MS. TIPSORD: You know what, could we
    2 close the door? Thanks, Cecil.
    3
    MS. ALEXANDER: Okay. Dr. Dorevitch,
    4 pre-filed question seven concerns a statement at the
    5 top of Page 6 of your testimony, the first complete
    6 sentence, which is "If a participant develops
    7 illness, clinical specimens are collected so that
    8 the pathogen responsible for the illness may be
    9 identified." First question: Am I correct in
    10 understanding that you do not collect samples from
    11 participants who do not display symptoms of illness
    12 or report symptoms?
    13
    DR. DOREVITCH: That is correct.
    14
    MS. ALEXANDER: Okay.
    15
    DR. DOREVITCH: We don't advertise
    16 that fact. We -- what we tell participants is that
    17 some people will be selected for -- with a request
    18 to produce a sample for us. The people who do
    19 produce samples are given extra money for their time
    20 and effort, and we want to avoid a situation in
    21 which people will say "I'm sick. Here's a sample.
    22 Can I have the extra money?" So we don't tell
    23 people that only people with symptoms will be asked
    24 for samples. We -- our little secret here in this
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    1 room, then --
    2
    MR. JOHNSON: It's public record now,
    3 Doctor.
    4
    DR. DOREVITCH: Yeah. What we say is
    5 that some people will select -- will be selected.
    6 But, in fact, it's people with symptoms.
    7
    MS. WILLIAMS: I thought you'd be
    8 worried they wouldn't want to join if they had to
    9 give you a stool sample.
    10
    DR. DOREVITCH: They're joining,
    11 they're joining.
    12
    MS. ALEXANDER: Do infections -- well,
    13 I should say I believe you've testified that
    14 infections with waterborne pathogens do not, in
    15 fact, always cause symptoms. Is that correct?
    16
    DR. DOREVITCH: That is correct.
    17
    MS. ALEXANDER: And it's possible that
    18 a person who is infected with asymptomatic can
    19 infect others. Is that correct?
    20
    DR. DOREVITCH: That's theoretically
    21 correct.
    22
    MS. ALEXANDER: Okay.
    23
    DR. DOREVITCH: I couldn't -- I
    24 wouldn't think that would be very common, though. I
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    1 mean, the flip side of this is that is not everybody
    2 with symptoms of infection has an infection at all,
    3 so it does go both ways.
    4
    MR. ANDES: If I can follow up on
    5 that, Dr. Dorevitch, are there studies you relied on
    6 in terms of deciding not to collect samples from the
    7 people that don't exhibit symptoms?
    8
    DR. DOREVITCH: Yes. The -- there was
    9 a study published in 1991 by Jones in which stool
    10 samples were collected from people in a controlled
    11 exposure study at a marine beach in England, and
    12 they were asked to produce stool samples, all --
    13 there were 276 people in the study, and everybody
    14 was asked to provide a stool sample, and out of all
    15 of the samples that were collected, only five
    16 samples from four people were positive for anything.
    17 So it seemed like a very low-yield exercise, and a
    18 lot of effort would've gone into selecting samples
    19 from a number of people who would have no symptoms
    20 of infection and no infection at all.
    21
    MR. ANDES: And we have copies of that
    22 report.
    23
    MS. ALEXANDER: Bear with me one
    24 second. I'm looking for a number.
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    1
    MS. TIPSORD: I've been handed Results
    2 of the First Five-Scale Controlled Cohort
    3 Epidemiological Investigation Into the Possible
    4 Health Effects of Bathing in Sea Water at Langlin
    5 Bay (phonetic), by F. Jones et al. It's in 1991, I
    6 believe.
    7
    DR. DOREVITCH: Yes.
    8
    MS. TIPSORD: If there's no objection,
    9 we'll mark this as Exhibit 5 -- 105, thank you.
    10 Seeing none, it's Exhibit 105.
    11
    MS. ALEXANDER: Bear with me one
    12 second. I'll look for the number in followup.
    13
    MR. GIRARD: Can I just ask a quick
    14 followup then?
    15
    MS. ALEXANDER: Sure.
    16
    MR. GIRARD: In your study, Dr.
    17 Dorevitch, then if you do collect a stool sample and
    18 someone shows -- you know, shows positive for, say,
    19 salmonella, how would you know whether they got the
    20 salmonella by ingesting water in the CAWS or whether
    21 they got the salmonella from the food they ate?
    22
    DR. DOREVITCH: The short answer is at
    23 the level of an individual, I wouldn't know that.
    24 It's more about once we're looking at thousands of
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    1 people in each group that it would be possible to
    2 say the rate of infections confirmed on culture,
    3 whether it's salmonella or other pathogens, is
    4 higher in one group or equal in all groups.
    5
    MR. ANDES: And that includes your
    6 unexposed control group?
    7
    DR. DOREVITCH: Correct. But at the
    8 level of an individual, it isn't possible. We do
    9 ask questions about things people have eaten. The
    10 Futrel 1992 study found that people who ate
    11 hamburger were more likely to get sick. We asked
    12 people if they've eaten hamburger, we asked about
    13 ill contacts, we asked about eating fresh fruits and
    14 vegetables, we ask a series of questions that may
    15 help identify risk factors for illness, whether it's
    16 symptoms only or illness plus confirmation of
    17 infection by stool sample to identify non-water
    18 related causes or potential causes. And ultimately
    19 with the thousands of people in the study, we hope
    20 to be able to say after taking into account these
    21 foodborne exposures, or animal contacts, or other
    22 family contacts, whether water exposure or microbe
    23 levels in the water or locations or recreational
    24 activities are predictors of illness and infection.
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    1
    MR. GIRARD: Thank you.
    2
    DR. DOREVITCH: You're welcome.
    3
    MS. TIPSORD: Ms. Dexter, did you have
    4 something?
    5
    MS. DEXTER: Hi.
    6
    DR. DOREVITCH: Hi.
    7
    MS. DEXTER: What would happen if
    8 there was an illness reported but no stool sample
    9 was collected? How does that data get reported?
    10
    DR. DOREVITCH: That's recorded as
    11 symptoms, but missing for -- in the presence of a
    12 cultured-confirmed infection. In other words, it's
    13 not considered negative and it's not considered
    14 positive, it's considered missing data.
    15
    MS. DEXTER: Okay. Thanks.
    16
    DR. DOREVITCH: Sure.
    17
    MS. ALEXANDER: Just one second.
    18
    MS. TIPSORD: Wonderful when they
    19 work, aren't they?
    20
    MS. ALEXANDER: Yes, aren't they.
    21 Would you agree that there are some pathogens that
    22 cause asymptomatic infection more frequently than
    23 they cause symptomatic infection?
    24
    DR. DOREVITCH: Are you talking
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    1 specifically about waterborne gastrointestinal
    2 pathogens?
    3
    MS. ALEXANDER: Waterborne pathogens.
    4
    DR. DOREVITCH: There probably are.
    5
    MS. ALEXANDER: Okay.
    6
    MR. ANDES: Any particular ones that
    7 you have in mind or that you have in mind of asking
    8 him about?
    9
    MS. ALEXANDER: What about rotavirus?
    10
    DR. DOREVITCH: That would be unlikely
    11 to be asymptomatic -- what I had in mind was
    12 helicobacter, the bacteria that's linked with ulcers
    13 and gastric cancers. That's typically asymptomatic,
    14 although it hasn't been described in the context of
    15 a recreational waterborne pathogen of concern. It
    16 is on the EPA's list of emerging contaminants, but
    17 we don't typically think that is a recreational -- a
    18 recreation as a significant route of exposure for
    19 that.
    20
    MS. ALEXANDER: So if a study
    21 participant were to become infected with a
    22 waterborne pathogen asymptomatically, would you know
    23 about it?
    24
    DR. DOREVITCH: No.
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    1
    MS. ALEXANDER: Okay. If the
    2 asymptomatically infected participant then were to
    3 infect a friend or family member who became
    4 symptomatic, would you know about that infection,
    5 the secondary infection?
    6
    DR. DOREVITCH: We'd know something
    7 about it, because on telephone followup we ask about
    8 ill contacts. So that isn't really designed to
    9 track secondary cases of infection, but we do
    10 collect some information about that.
    11
    MS. ALEXANDER: Do you ask about all
    12 ill contacts, or only those within the household?
    13
    DR. DOREVITCH: I believe it's
    14 household contacts, but I'd have to look up that
    15 specific question to tell you the wording.
    16
    MS. ALEXANDER: Okay. So it would be
    17 fair to say then, though, that if someone became
    18 infected by a waterborne pathogen from CAWS
    19 recreation but didn't exhibit symptoms, you probably
    20 wouldn't find out about it. Is that correct?
    21
    DR. DOREVITCH: The -- like I
    22 mentioned, the model for the design of this study is
    23 the EPA's NEER study. They base their analyses on
    24 reporting of symptoms, and that's what we do. We
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    1 kind of go the extra step in terms of attempting to
    2 identify the pathogens responsible for illness, but
    3 there -- like I said, there are -- there may be
    4 people who have infections but no symptoms, and
    5 there may be people who have symptoms but no
    6 infections, and we're only able to identify the ones
    7 with symptoms and attempt to identify pathogens
    8 within that subset.
    9
    MS. ALEXANDER: Okay. Now you
    10 mentioned that you're following up on people in
    11 households. If a study participant reports that
    12 somebody they live with is sick, but that person
    13 that they live with is not a participant in this
    14 study, you would have no further way of finding out
    15 more about the nature of that person's illness. Is
    16 that correct?
    17
    DR. DOREVITCH: Yes, that is correct.
    18
    MS. ALEXANDER: Okay. Since you're
    19 not collecting stool samples from roommates, I
    20 assume?
    21
    DR. DOREVITCH: I hope we're not.
    22
    MS. ALEXANDER: I hope you're not.
    23 Okay. And you wouldn't be able to ask a battery of
    24 questions either to that nonparticipant, correct?
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    1
    DR. DOREVITCH: Certainly not.
    2
    MS. ALEXANDER: Okay. Which viruses
    3 are you testing for in the stool samples? I'm
    4 sorry, this is pre-filed question eight.
    5
    DR. DOREVITCH: The viral testing
    6 would identify enterovirus, adenovirus, rotavirus,
    7 neurovirus, reovirus, influenzavirus A,
    8 influenzavirus B. It would also identify other
    9 viruses that are unlikely to be detected, but
    10 rhinovirus, parainfluenza virus, paramyxovirus,
    11 mumps, measles, varicella, and herpes viruses. And
    12 when I say not likely to be detected, I mean that
    13 they're not thought of typically as recreational
    14 waterborne pathogens in the United States.
    15
    MS. ALEXANDER: Did you -- are you
    16 testing for all adenoviruses, or just the enteric
    17 ones?
    18
    DR. DOREVITCH: I don't know the
    19 answer to that for sure. I'd have to check with the
    20 coinvestigator who runs the hospital microbiology
    21 laboratory.
    22
    MR. ANDES: What was the question
    23 again?
    24
    MS. ALEXANDER: Whether they're
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    1 testing stool samples for all adenoviruses or only
    2 enteric adenoviruses.
    3
    DR. DOREVITCH: Yeah. I don't think
    4 it's limited to zero types 40 and 41, if that's the
    5 question. I think it's broader than that.
    6
    MS. ALEXANDER: And, in fact, the
    7 nonenteric adenoviruses replicate in the
    8 gastrointestinal tract to your knowledge?
    9
    MR. ANDES: You're asking if the
    10 nonenteric adenoviruses --
    11
    MS. ALEXANDER: Yeah. Do nonenteric
    12 adenoviruses replicate in the gastrointestinal
    13 tract?
    14
    DR. DOREVITCH: I don't know the
    15 answer to that for sure.
    16
    MS. ALEXANDER: Do you know whether
    17 they're shedding feces?
    18
    DR. DOREVITCH: I don't know.
    19
    MS. ALEXANDER: Okay.
    20
    DR. DOREVITCH: I can say that this is
    21 a very large research team doing this project.
    22 There are two infectious disease physicians, an
    23 infectious disease epidemiologist, the director of a
    24 hospital microbiology laboratory, we work with the
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    1 Illinois Department of Public Health's microbiology
    2 laboratory. So there are members of the research
    3 team who would have the answer to that question, but
    4 on the tip of my fingers I don't.
    5
    MR. ANDES: We can certainly get back
    6 to you on that.
    7
    MS. ALEXANDER: Okay. Moving on then
    8 to pre-filed question nine, this actually refers to
    9 the chart following your testimony in which you
    10 illustrate the data on recruitment. Let me just
    11 pull up that chart myself. And your testimony -- of
    12 course I'm referring to Exhibit 100, and the chart I
    13 am referencing is CHEERS monthly enrollment of 44 --
    14 4,402 participants by group through July 2008. Sub
    15 question A, do you have a breakdown of how many
    16 participants you have reflecting each type of
    17 recreational use?
    18
    DR. DOREVITCH: I have that for 2007,
    19 but we're still collecting 2008 data. So I don't
    20 have that -- let me see that.
    21
    MR. ANDES: Is that the one --
    22
    DR. DOREVITCH: That's -- you're
    23 talking about uses in which study participants are
    24 engaged in, or are you talking about uses of the
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    1 waterway that are observed by our staff?
    2
    MS. ALEXANDER: The former, uses in
    3 which --
    4
    DR. DOREVITCH: The breakdown of uses
    5 amongst study participants?
    6
    MS. ALEXANDER: Correct.
    7
    DR. DOREVITCH: Yeah. I have that for
    8 2007, but we're still collecting data on 2008. I
    9 don't have that.
    10
    MS. ALEXANDER: Okay.
    11
    MR. ANDES: And that's not it?
    12
    DR. DOREVITCH: It's not that.
    13
    MS. ALEXANDER: Are we about to put up
    14 a chart?
    15
    MR. ANDES: We're checking. We don't
    16 have a chart, but we do have a handout.
    17
    MS. ALEXANDER: Okay.
    18
    MR. ANDES: Here's a bunch of copies.
    19
    MS. TIPSORD: I've been handed two
    20 charts, one titled CAWS Activity Distribution of
    21 2007, and the second is GUV, which is General Use
    22 Waters, I assume. Is that correct?
    23
    DR. DOREVITCH: Right.
    24
    MS. TIPSORD: Activity Distribution,
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    1 2007, and I will mark this as Exhibit 106 if there's
    2 no objection. Seeing none, it's Exhibit 106. And
    3 just to clear up my confusion, this is actual
    4 information --
    5
    DR. DOREVITCH: Study participants.
    6
    MS. TIPSORD: -- from your study
    7 participants, not observations?
    8
    DR. DOREVITCH: Study participants,
    9 correct.
    10
    MS. ALEXANDER: Now is it possible --
    11 I'm sorry. Has this been marked yet?
    12
    MS. TIPSORD: Yes, it's Exhibit 106.
    13
    MS. ALEXANDER: 106. Okay. Referring
    14 to Exhibit 106, that's been handed out, do you have
    15 a general sense of whether these numbers are holding
    16 approximately steady in 2008, or have you simply not
    17 counted at this point the 2008 users?
    18
    DR. DOREVITCH: The one change that
    19 I -- I'm sure we'll see is that there's more fishing
    20 in -- among the CAWS group, a higher percent this
    21 year versus last.
    22
    MS. ALEXANDER: Okay. Do you know of
    23 any reason one way or the other why that's the case?
    24
    DR. DOREVITCH: This year, the -- we
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    1 recruited at the mayor's fishing events along the
    2 main stem of the Chicago River, and between those
    3 locations and other CAWS locations, I'd estimate
    4 that we've recruited about 200 CAWS anglers at this
    5 point. That's an estimate, but next year when the
    6 2008 data are put into pie charts like this, the
    7 fishing for the CAWS group would be considerably
    8 larger than the less than one percent that it was
    9 last year.
    10
    MS. ALEXANDER: Okay. Do you have any
    11 knowledge as to whether in the -- this larger number
    12 of anglers who reported subsequently if among that
    13 group there are substantial members who are fishing
    14 from shore as opposed to fishing from boats?
    15
    DR. DOREVITCH: Those are fishing from
    16 shore.
    17
    MS. ALEXANDER: Okay.
    18
    DR. DOREVITCH: The events on the main
    19 stem are fishing from shore events.
    20
    MS. ALEXANDER: Okay.
    21
    DR. DOREVITCH: There are other
    22 anglers fishing from shore that we've recruited this
    23 year at River Park and Origins Park on the CAWS, so
    24 I suspect there's more fishing from shore than
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    1 fishing from boat.
    2
    MS. ALEXANDER: Could I then refer,
    3 please, to Page 7 of your pre-filed testimony, where
    4 the second line from the bottom you make the
    5 statement "Fishing from shore is relatively
    6 uncommon." Is that statement still accurate?
    7
    DR. DOREVITCH: It's still accurate.
    8 In the context of all recreational activity going on
    9 on the CAWS, 200 people is still a relatively small
    10 percent.
    11
    MS. ALEXANDER: Okay. So you mean
    12 relatively compared to all activity, not relatively
    13 compared to all angling activity?
    14
    DR. DOREVITCH: All angling activity
    15 is not rare in relation to all angling activities.
    16 But, you know, the angling on the CAWS is rare
    17 compared to all of the incidental contact
    18 recreational activity that takes place on the CAWS.
    19
    MS. ALEXANDER: Right. But more than.
    20
    DR. DOREVITCH: It is rare --
    21
    MS. ALEXANDER: But -- sorry.
    22
    DR. DOREVITCH: It's rare in that the
    23 kayakers and the rowers and the boaters take up much
    24 more of the pie than the anglers.
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    1
    MS. ALEXANDER: Okay. But more
    2 anglers than not are fishing from shore, you
    3 testified. Is that correct?
    4
    DR. DOREVITCH: That's my impression.
    5
    MS. ALEXANDER: Okay.
    6
    DR. DOREVITCH: We'll see what the
    7 analysis shows, but that's my impression.
    8
    MS. ALEXANDER: Do you have any
    9 numbers -- this is sub question B on question 9 --
    10 do you have any numbers at this point regarding the
    11 number of users who fell into the water during
    12 recreational activity?
    13
    DR. DOREVITCH: That I don't have yet.
    14 Those analyses for 2007 haven't been performed, but
    15 they will be in 2007 and 2008. We will be tracking
    16 that.
    17
    MS. ALEXANDER: Okay. Short of
    18 analyses and formal counts, as it were, do you have
    19 any impression having looked at the data in the
    20 questionnaire responses yourself?
    21
    DR. DOREVITCH: I couldn't -- I
    22 haven't looked at that part of the data. I'd say
    23 from my own experience last year interviewing people
    24 and teaching other people to interview, and then
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    1 this year, sort of, supervising the managers as they
    2 are doing the field work, I think it's pretty
    3 uncommon, but I couldn't tell you whether it's 1
    4 percent or 5 percent. I don't know, but it's
    5 atypical.
    6
    MS. ALEXANDER: Okay. Do you have any
    7 data on the number and age of children participating
    8 in this study?
    9
    DR. DOREVITCH: Again, I don't have
    10 2008 data. I do have some summary statistics about
    11 age distribution from 2007.
    12
    MS. ALEXANDER: You have that in a
    13 document --
    14
    DR. DOREVITCH: I do, yes.
    15
    MS. ALEXANDER: -- that Mr. Andes is
    16 waiving?
    17
    DR. DOREVITCH: Yes.
    18
    MR. ANDES: Waiving is such a negative
    19 term.
    20
    MS. ALEXANDER: I would never
    21 intentionally be negative.
    22
    MS. TIPSORD: I've been handed two
    23 pages, which has Figure 1, Figure 2, and Figure 3.
    24 Figure 1 is age distribution of unexposed
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    1 participants, 2007. Age distribution of CAWS
    2 participants, 2007, is Figure 2, and Figure 3 is age
    3 distribution of GUW participants, 2007. If there's
    4 no objection, we'll mark this as Exhibit 107.
    5 Seeing none, it's Exhibit 107.
    6
    DR. DOREVITCH: Is -- this doesn't
    7 exactly answer your question about how many
    8 children, but this is a bar chart that shows the
    9 numbers of people recruited in different age groups,
    10 and the two bars to the left on all three of -- the
    11 two bars to the left on the Figure 1 and Figure 2
    12 are children. Figure 3, the bar on the left is
    13 children. Part of the second bar to the left also
    14 includes children.
    15
    MS. ALEXANDER: Okay. One quick
    16 question on the second page of Exhibit 10, what does
    17 GUW stand for again?
    18
    DR. DOREVITCH: General use water.
    19
    MS. ALEXANDER: Oh, right. Okay. I
    20 am observing on Exhibit 107 that the numbers on the
    21 horizontal access are not identical. In other
    22 words, in Figure 1, you appear to be starting with
    23 age four, or range surrounding age four on the
    24 horizontal access, where as in Figure 2 you're
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    1 starting with age eight, and in Figure 3 you're
    2 starting with age twelve. Am I correct in
    3 interpreting these?
    4
    DR. DOREVITCH: You're correct. This
    5 is sort of a quirk of the statistical program. This
    6 is certainly not our final report, but when the
    7 software generates these frequency distributions,
    8 it, sort of, has its own logic about how wide each
    9 age -- you know, how wide each bar should be. So
    10 you're right, this is not an apples to apples
    11 comparison. This is only ten percent of the -- less
    12 than ten percent of the enrollment in the study. So
    13 it's far from the final word, but it does paint a
    14 picture that -- I think to generalize it a bit, it
    15 shows that there's a wide spectrum for all three
    16 groups.
    17
    For all three groups, the bulk of
    18 the participants are in their 20s, 30s, 40s, and
    19 50s. In the CAWS group, which is Figure 2, the
    20 bottom one on the first page, there's this big spike
    21 centered around 16 years in age, which are the high
    22 school rowing teams. So the three groups, just from
    23 eyeballing it, are not identical, but there are
    24 folks at the -- at both extremes of the age spectrum
    L.A. REPORTING (312) 419-9292

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    1 in all three groups, and the general distributions
    2 are similar that the average age of the unexposed is
    3 42 years old as opposed to 47 in the other two
    4 groups.
    5
    MS. ALEXANDER: Looking at Figure 1,
    6 it would appear that there is at least some small
    7 percent of participants in the unexposed group who
    8 are four years old. Am I interpreting that
    9 correctly?
    10
    DR. DOREVITCH: Yeah, yeah.
    11
    MS. ALEXANDER: Okay.
    12
    DR. DOREVITCH: Somewhere around four.
    13 It could be three or five, yeah.
    14
    MS. ALEXANDER: Do you know whether
    15 anyone that young participated in the study as a
    16 CAWS participant?
    17
    DR. DOREVITCH: No, I don't know that.
    18
    MS. ALEXANDER: So you wouldn't know
    19 what your youngest -- the age of your youngest CAWS
    20 participant?
    21
    DR. DOREVITCH: I don't know what it
    22 is. The data hasn't been summarized in that way.
    23 They're -- yeah, I don't --
    24
    MS. ALEXANDER: Okay.
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    1
    DR. DOREVITCH: I don't know the
    2 answer for sure.
    3
    MS. ALEXANDER: Do you have any data
    4 on the number of pregnant women participating in
    5 this study?
    6
    DR. DOREVITCH: We collect that
    7 information, but that has not been summarized.
    8
    MS. ALEXANDER: Okay. Do you know if
    9 you have any pregnant women participating?
    10
    DR. DOREVITCH: I don't know that. I
    11 imagine that it's a small percent, but I don't know
    12 if we have any or not.
    13
    MR. ANDES: Did you ask the question?
    14
    DR. DOREVITCH: We asked the question.
    15 We certainly approach everybody, and if there are
    16 pregnant women out there and they're engaging in the
    17 relevant recreational activities and they don't meet
    18 any exclusionary criteria, they would be recruited
    19 into the study. If they're not there, then they're
    20 not recruited, or if they're not interested or
    21 they're not eligible they're not --
    22
    MS. ALEXANDER: Okay. So you're just
    23 testifying that you don't know one way or the other
    24 whether you actually did, in fact, recruit any
    L.A. REPORTING (312) 419-9292

    100
    1 pregnant women?
    2
    DR. DOREVITCH: Not until that data's
    3 been analyzed.
    4
    MS. ALEXANDER: Subsection E, question
    5 nine, do you have any data on the number of
    6 immunocompromised persons participating in this
    7 study?
    8
    DR. DOREVITCH: Again, that's not been
    9 something that's been summarized, but we do ask
    10 people if they have any health condition that makes
    11 them susceptible to infection. Beyond that, we
    12 don't ask specifically "Do you have AIDS, or have
    13 you received an organ transplant, or are you on
    14 dialysis," et cetera. But we ask that question, and
    15 we have basic demographic information about people,
    16 and we will look at those subgroups to see if there
    17 is a difference in risk that's detectable based on
    18 the number of people who are in those categories, or
    19 that category, I should say.
    20
    MS. ALEXANDER: I'm sorry. And do --
    21 am I correct in understanding that that data would
    22 be based on the self-purporting of themselves being
    23 within that category?
    24
    DR. DOREVITCH: Correct.
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    101
    1
    MS. ALEXANDER: Okay.
    2
    DR. DOREVITCH: We don't do any
    3 testing to see whose immune system is weak and whose
    4 isn't. We rely on self-purported information.
    5
    MS. ALEXANDER: So if someone was HIV,
    6 you wouldn't otherwise know?
    7
    DR. DOREVITCH: Well, we don't ask
    8 them if they're HIV positive, but we ask them if
    9 they have any condition that makes them susceptible
    10 to infection, just like any question on any
    11 questionnaire, it depends on people's honesty in
    12 answering that, and that would imply across the
    13 board to the three groups of study participants.
    14
    MR. ANDES: I don't think they can
    15 legally ask that question anyway, could they?
    16
    MS. ALEXANDER: I doubt they could.
    17 My question, then, is: Do you know at this stage
    18 whether anybody has answered yes to that question as
    19 to whether they have any condition that would render
    20 them immunocompromised?
    21
    DR. DOREVITCH: No, I don't know.
    22
    MS. ALEXANDER: What percent of the
    23 population overall do you believe is
    24 immunocompromised, I should say, within the CAWS
    L.A. REPORTING (312) 419-9292

    102
    1 study area?
    2
    DR. DOREVITCH: What's
    3 immunocompromised. I mean, do you mean HIV
    4 positive, do you mean AIDS, do you mean under the
    5 age of five? What's immunocompromised?
    6
    MS. ALEXANDER: I would put all of the
    7 above in that. I would include elderly, pregnant
    8 women, immunocompromised by virtue of a health
    9 condition, which would include the dialysis,
    10 chemotherapy, HIV, and children. What percent of
    11 the population would you say that encompasses?
    12
    DR. DOREVITCH: Yeah. I don't -- I
    13 don't know what percent all those groups comprise.
    14 I don't know.
    15
    MS. ALEXANDER: Okay. Would you have
    16 any reason to disagree with testimony by Dr.
    17 Charles Gerba in this proceeding, which was that you
    18 estimated the percent at around -- I believe it was
    19 25. I'm sure Mr. Andes will correct me if I'm
    20 misspeaking.
    21
    MR. ANDES: I don't -- I don't recall
    22 what the exact statement was by Dr. Gerber, so it's
    23 hard for me to object or not, and we can't really
    24 read it back.
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    103
    1
    MS. ALEXANDER: Let me frame my
    2 question -- well, first of all, I'll give you an
    3 opportunity to answer that.
    4
    DR. DOREVITCH: Well, if the question
    5 were do I think about 25 percent of the population
    6 falls into those categories, I'd say, you know, age
    7 under a certain point, age above a certain point,
    8 plus those medical conditions, that might be right.
    9 I'm not sure that all of those categories are an
    10 increased risk for contracting waterborne illness in
    11 an incidental contact setting, but it may be that
    12 25 percent of the population falls into one of those
    13 categories.
    14
    MR. ANDES: Do we have any basis for
    15 thinking that a lot of infants and very old people
    16 are recreating in canoes and kayaks on the CAWS?
    17
    DR. DOREVITCH: You know, I couldn't
    18 tell you if there are infants. The resolution on
    19 this graph is limited, so I don't know.
    20
    MR. ANDES: But the numbers at either
    21 end are much lower than the middle?
    22
    DR. DOREVITCH: Right. We're talking
    23 about 2 or 3 percent would be on the extremes of the
    24 age spectrum.
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    1
    MS. ALEXANDER: Is it possible in your
    2 view that immunocompromised persons, and by that I
    3 would include the entire category of individuals I
    4 listed, currently avoid recreation on the CAWS more
    5 than they would avoid your control water bodies of
    6 the Skokie Lagoons and Lake Michigan?
    7
    DR. DOREVITCH: I'd have no way of
    8 knowing that.
    9
    MS. ALEXANDER: Okay. Or whether it's
    10 possible that parents might be willing -- more
    11 willing to take their children on Lake Michigan than
    12 they would the CAWS?
    13
    MR. ANDES: That's speculation.
    14
    DR. DOREVITCH: We do ask people at
    15 all locations what they think the health risks are
    16 of recreating at the Chicago River System and on
    17 other general use waters. So at the end of the
    18 study, we will be able to say something about risk
    19 perception, but specifically people who choose not
    20 to send their children or themselves to recreate on
    21 the CAWS, there -- you know, this study isn't
    22 designed to answer that question, and I have no way
    23 of knowing that.
    24
    MS. WILLIAMS: I'd like to ask a
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    105
    1 followup.
    2
    DR. DOREVITCH: Sure.
    3
    MS. WILLIAMS: Mr. Andes was asking
    4 you to look at Exhibit 107 and to make conclusions
    5 about the percentage of recreators in different age
    6 groups, correct? This chart doesn't talk about
    7 total percentage of recreators, does it? Doesn't it
    8 just talk about people who are enrolled participants
    9 in the study?
    10
    DR. DOREVITCH: This is only about
    11 people enrolled in the study.
    12
    MS. WILLIAMS: Okay. Thank you.
    13
    DR. DOREVITCH: I'm not sure what --
    14 if he meant in the study or out there total.
    15
    MS. WILLIAMS: Okay. I just wanted
    16 to --
    17
    DR. DOREVITCH: But this graph is
    18 people enrolled in the study.
    19
    MS. WILLIAMS: Okay. I just wanted to
    20 clarify that.
    21
    MS. ALEXANDER: And is it your
    22 understanding that there is a subset of users, such
    23 as rowing teams, who recreate on the CAWS
    24 frequently, as many as 100 to 200 times per year?
    L.A. REPORTING (312) 419-9292

    106
    1
    DR. DOREVITCH: Yes.
    2
    MS. ALEXANDER: Okay. Do you have
    3 data on the number of those persons participating in
    4 the study?
    5
    DR. DOREVITCH: No. That's not
    6 something that's been summarized at this point. But
    7 again, it will be.
    8
    MR. ANDES: And if I can follow up,
    9 but in the project you've made an effort to reach
    10 out to those groups. Am I right?
    11
    DR. DOREVITCH: We -- we make an
    12 effort to recruit people on the CAWS where they are,
    13 doing what they do, to the degree that rowing teams
    14 comprise a large percent of the users of the CAWS.
    15 We work with rowing clubs and teams and try to
    16 recruit them.
    17
    MS. ALEXANDER: Okay. Sorry. Okay.
    18 I'm going to come back to Question 10. Moving on to
    19 Question 11 -- wait, hold on. That may be asked and
    20 answered. Yeah. Question 11 B, do you have any jet
    21 skiers enrolled, or did you say that you excluded
    22 all jet skiers of any kind?
    23
    DR. DOREVITCH: All jet skis are
    24 excluded.
    L.A. REPORTING (312) 419-9292

    107
    1
    MS. ALEXANDER: Okay.
    2
    MS. WILLIAMS: Would wading -- is
    3 wading excluded, just to finish up on that topic?
    4
    DR. DOREVITCH: If somebody is an
    5 angler, for example --
    6
    MS. WILLIAMS: Okay.
    7
    DR. DOREVITCH: -- who steps on the
    8 shore and off the shore into the water, they are not
    9 excluded. We would ask them questions about their
    10 wading, whether they're wearing hip boots, and
    11 questions to help characterize their exposure. But
    12 no, if somebody's going to be fishing, we don't say
    13 "Will you be wading in the water and if so, you're
    14 excluded." They remain eligible to participate in
    15 this study.
    16
    MS. WILLIAMS: Thank you.
    17
    DR. DOREVITCH: You're welcome.
    18
    MS. ALEXANDER: But you would not be
    19 studying, as I understand it, per se, children who
    20 just wade into the water knee-deep can come out,
    21 again, just for the purpose of wading. Is that
    22 correct?
    23
    MR. ANDES: Where would that take
    24 place?
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    108
    1
    MS. ALEXANDER: Clark Park, River
    2 Park.
    3
    DR. DOREVITCH: I don't think we've
    4 encountered that. I don't know for sure. Let me --
    5 let me check one of my documents.
    6
    MR. ANDES: We can get back to you on
    7 that.
    8
    MS. ALEXANDER: Okay. All right.
    9 Moving on to Question 12, which refers to the
    10 statement on Page 8, "That preliminary analysis of
    11 the 2007 data identifies no difference in rates of
    12 gastrointestinal symptoms among recreators in the
    13 three study groups." Did you attempt to determine
    14 whether there is a difference in rates of any other
    15 types of symptoms?
    16
    DR. DOREVITCH: No.
    17
    MS. ALEXANDER: Okay.
    18
    DR. DOREVITCH: That will be done as
    19 the analyses proceeds when the data set's complete,
    20 but no, that hasn't been done for 2007.
    21
    MS. ALEXANDER: Okay. In view of the
    22 attempts you've described to minimize bias in
    23 reporting by participants being aware of the study's
    24 objectives, are you concerned that making these
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    109
    1 preliminary results known at this point could
    2 introduce bias?
    3
    DR. DOREVITCH: Well, we certainly
    4 don't talk to the study participants about what
    5 we're finding. You know, I think this was stated in
    6 the context of a regulatory proceeding in very
    7 general terms, and continued as preliminary findings
    8 just from 2007. I think if we were to, say, tell
    9 study participants we expect 5 percent of you to get
    10 sick or we expect 95 percent of you to get sick,
    11 that could certainly bias them, where if we told one
    12 group but not others information like that. But
    13 what we tell people is that we don't know the health
    14 risks of water recreation in this setting, and we're
    15 doing this research to find out, and I don't think
    16 this changes that at all.
    17
    MS. ALEXANDER: Well, wouldn't it be
    18 the case that if study participants were made aware
    19 of this statement -- through whatever channels they
    20 might learn of a public hearing -- that it could, in
    21 fact, bias the study?
    22
    DR. DOREVITCH: I don't see which
    23 direction it would bias the study. I mean, we're
    24 not saying that we expect rates of illness to be
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    110
    1 high or low. I don't think that this is going to
    2 cause people to change the way they respond when we
    3 interview them.
    4
    MS. ALEXANDER: Isn't it possible that
    5 someone who believed that the results were going in
    6 a negative direction would be less likely to report
    7 an illness because they would simply assume it was
    8 not significant or not attributable to the CAWS?
    9
    DR. DOREVITCH: I don't see why that
    10 would help them. I think if somebody's asked "Have
    11 you developed any of the following symptoms," you
    12 know, with no information about what we expect them
    13 to say, I don't see how that's going to change the
    14 way anybody responds to that question. They
    15 certainly -- my statement is not about what we found
    16 in this research. This is the final word. We're
    17 not -- you know, I'm not saying anything about safe
    18 or unsafe, risky or not risky. I think this is
    19 pretty general and limited and qualified, and it
    20 isn't something that's discussed in the recruitment
    21 and interviewing process. So no, I don't think
    22 that's going to bias people.
    23
    MS. TIPSORD: Can I ask a question?
    24
    DR. DOREVITCH: Yes.
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    111
    1
    MS. TIPSORD: You don't only call --
    2 in doing your study -- and I apologize if I'm
    3 covering stuff that's in the testimony, because I
    4 think I'm getting a little confused here -- but
    5 for -- you have participants who enroll, and you do
    6 phone followups. You don't just talk to people who
    7 call you and say "Hey, we got sick," right? You
    8 call a sampling of the participants?
    9
    DR. DOREVITCH: Yeah. I wonder if I
    10 could -- I have a flow diagram --
    11
    MS. TIPSORD: Sure.
    12
    DR. DOREVITCH: -- of how it works.
    13 But we call every single participant.
    14
    MS. TIPSORD: Okay.
    15
    DR. DOREVITCH: We do provide
    16 everybody with information about how to contact the
    17 research nurse if they do develop symptoms, but
    18 we're not relying on people to call us. We call
    19 every single person.
    20
    MS. TIPSORD: And I would assume that
    21 your -- I don't know if there's a questionnaire in
    22 your stuff, but I would assume your questionnaire is
    23 set up in such a way that even if someone were to
    24 want to mislead you on findings, there are enough
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    1 questions in there that would lead you to the
    2 correct answer, I guess, is the best way to say it
    3 hopefully.
    4
    DR. DOREVITCH: I think if somebody
    5 really deliberately wanted to provide wrong
    6 information, they would. You know, I think that --
    7 I would expect those numbers to be small, and, you
    8 know, I would expect them to be distributed among
    9 the three groups and maybe distributed among people
    10 who want to over report and under report. But if
    11 somebody wanted to deceive us, it wouldn't be easy
    12 to catch that.
    13
    MS. TIPSORD: Okay.
    14
    DR. DOREVITCH: Yeah. If it would
    15 help, I could walk you through the steps involved.
    16 I don't know if -- can you see this?
    17
    MS. TIPSORD: He's actually getting
    18 ready to hand a hard copy of it.
    19
    DR. DOREVITCH: Oh, okay. In that
    20 case, I'll wait until everybody has a copy. And
    21 this figure comes from the protocol documents that
    22 were already submitted with my pre-filed testimony.
    23 This is in the overview document, but starting at
    24 the top left --
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    1
    MS. TIPSORD: Okay. Dr. Dorevitch,
    2 let me mark this as Exhibit 108 if there's no
    3 objection, and this is a flow chart describing study
    4 participant activities, environmental sampling, and
    5 laboratory analysis. Seeing no objection, it's
    6 Exhibit 108.
    7
    DR. DOREVITCH: Starting with the left
    8 column, study participant activities at the top,
    9 initially there is -- there are recruitment
    10 activities, and even prior to the day of recreation,
    11 we have a full-time recruitment coordinator who is
    12 in touch with clubs and teams, and organizations
    13 that run water recreation activities, as well as
    14 organizations that have nonexposed activities, and
    15 we work with them in advance.
    16
    On the day the recreation
    17 recruitment takes place, there's an eligibility
    18 screen to make sure that only people eligible are
    19 enrolled. There's a consent process. The
    20 university's research ethics board called the IRB,
    21 the Institutional Review Board, reviews all of our
    22 procedures, and there's a sign consent document that
    23 adults will sign for themselves and their children.
    24 There's also an assent document that children above
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    1 a certain age will sign for themselves along with
    2 their parents' consent.
    3
    Once consented individuals would
    4 go through -- would be interviewed with a
    5 pre-recreation survey that's called Field Interview
    6 A. The field interviews are done on laptop
    7 computers in the field. There's a fixed script, and
    8 there's a logic to the way the questions follow one
    9 another. Depending on how somebody responds to the
    10 first question, it'll dictate what their second
    11 question is. But it's -- it's standardized, so that
    12 all interviews are saying the same words.
    13
    People in Field Interview A will
    14 provide some basic demographic information, and then
    15 they go out and do their recreational activity. For
    16 the Field Interview B, after water recreation --
    17 everybody who does Field Interview B is at that
    18 point asked a lot of questions about some of the
    19 things I mentioned about "Did you eat hamburger in
    20 the last few days, have you had contact with
    21 animals, have you had fresh fruits or vegetables,
    22 are you -- do you have certain underlying health
    23 conditions, do you currently have any
    24 gastrointestinal or other symptoms."
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    1
    And then for the people who did
    2 have a water recreation activity, there are a lot of
    3 questions about the water contact itself, and those
    4 are the "Did you get water on your face, did you get
    5 water on your mouth, how much did you get on your
    6 mouth, did you swallow the water, did you eat or
    7 drink while you were doing your activity," et
    8 cetera. And that's where the questions are about
    9 the hip boots and wading, that's where the questions
    10 are about capsizing, and that interview is complete.
    11 A participant at that point gets a CHEERS T-shirt
    12 and a Target gift card, and, you know, some
    13 information, "Don't forget we'll be calling you 2,
    14 5, and 21 days from now."
    15
    They then -- a mailing then goes
    16 out to them where they get a fridge magnet, a CHEERS
    17 fridge magnet with the phone number of our research
    18 nurse, and again, just sort of a reminder, "Don't
    19 forget we'll be calling you." We ask people what
    20 day -- what times of day would you want to get your
    21 call, and we make every effort to reach them when
    22 it's convenient for them, and then they get phone
    23 calls on days 2, 5, and 21, which inquire about
    24 subsequent development of symptoms. They -- all
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    1 those surveys go -- start something like "Since we
    2 last spoke," so that might mean "Since we last
    3 spoke to you while you were out at Clark Park," or
    4 it could mean since we last spoke two days ago -- or
    5 three days ago on the phone, have you developed any
    6 of the following new symptoms, and have you had any
    7 subsequent water contact," and mainly the focus
    8 there is on the health points.
    9
    Going down to the bottom of that
    10 column, if it's a telephone interview, either we
    11 call them or somebody calls us reporting "I have
    12 certain symptoms," we collect a stool sample. If
    13 it's an eye infection or drainage from a skin
    14 infection, a nurse goes to their home and collects a
    15 swab of that, and then those samples, moving to the
    16 right of the figure, will go to the laboratory for
    17 analyses, and then during recreation, water sampling
    18 is done for a variety of pathogens and pathogen
    19 indicators. So that's the study flow in a nutshell.
    20
    MS. ALEXANDER: A quick followup on
    21 that, what protocol do you ask people to follow in
    22 collection of their own -- of their stool samples?
    23
    DR. DOREVITCH: The University of
    24 Illinois Hospital has a standard stool kit and a
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    1 standard set of instructions that come from the
    2 manufacturer, and we provide that simple
    3 information. We have a nurse available to answer
    4 phone calls, but those -- those kinds of questions
    5 are generally rare, and they call the phone number
    6 when they have the sample ready, and a courier comes
    7 to their house and brings it immediately to the
    8 hospital for analysis.
    9
    MS. ALEXANDER: Are they required to
    10 refrigerate their sample before you collect it?
    11
    DR. DOREVITCH: No.
    12
    MS. ALEXANDER: Okay.
    13
    DR. DOREVITCH: They're -- we just ask
    14 them just to call us right away, and a courier will
    15 come to their house in under two hours. That --
    16 they generally are able to get there in under an
    17 hour and pick up a sample and bring it to the
    18 hospital.
    19
    MS. ALEXANDER: Are you aware of any
    20 study participants who have declined to comply with
    21 this aspect of the study, the stool sample
    22 collection?
    23
    DR. DOREVITCH: Yes.
    24
    MS. ALEXANDER: Okay. Approximately
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    1 how many?
    2
    DR. DOREVITCH: Approximately
    3 50 percent of the people who have symptoms that
    4 would trigger sample collection don't provide stool
    5 samples.
    6
    MS. ALEXANDER: Are you aware of
    7 participants who have dropped out for any other
    8 reason besides refusal to give stool samples?
    9
    DR. DOREVITCH: Well, refusal to give
    10 stool samples isn't dropping out of the study. The
    11 participation rate is very high. We -- in 2007,
    12 over 99 percent of the people who were eligible for
    13 telephone followup participated in at least one of
    14 the three telephone interviews. We can't -- it's
    15 not 99 percent for phone call on day 2, day 5, and
    16 day 21, but the vast majority participate in two or
    17 more telephone followup interviews.
    18
    MS. ALEXANDER: Okay. Has anyone
    19 declined to give other types of samples other than
    20 the stool samples, such as the swab of skin
    21 infections?
    22
    DR. DOREVITCH: Yes.
    23
    MS. ALEXANDER: Approximately how
    24 many?
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    1
    DR. DOREVITCH: It's a small number.
    2 It's generally been because people will say -- the
    3 questions are somewhat broad, like drainage from a
    4 skin wound, there have been people who have recently
    5 had a biopsy and they're saying "Well, yes, I have
    6 drainage from a skin wound, but it has nothing to do
    7 with my water recreation." So we don't go out
    8 and -- you know, we certainly don't try to push
    9 that. Other times people will say "Oh, you know, my
    10 eyes are always crusty. It's my allergies. I don't
    11 really want to go through the trouble of having a
    12 sample collection. It's just my regular old
    13 allergies. Every day I have this."
    14
    MS. ALEXANDER: Approximately how
    15 often has that happened? You quantified it as
    16 relatively small, but can you estimate anymore
    17 closely?
    18
    DR. DOREVITCH: Well, I'm saying that
    19 the numbers are small. The number -- it's more
    20 common for symptoms to trigger stool sample
    21 collection than to trigger collection of eye or skin
    22 sample -- skin drainage samples. Maybe ten cases
    23 like that where samples weren't collected.
    24
    MS. ALEXANDER: Can you identify --
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    1
    DR. DOREVITCH: But that's --
    2
    MS. ALEXANDER: Sorry.
    3
    DR. DOREVITCH: That's, kind of, a
    4 real rough estimate.
    5
    MS. ALEXANDER: Sure.
    6
    DR. DOREVITCH: I'm hesitant to -- you
    7 know, I'd like to just say when the data's analyzed
    8 properly, all these questions will be answered.
    9 But, you know, this is kind of a rough guesstimate
    10 that you're asking for.
    11
    MS. ALEXANDER: Understood. You
    12 stated a moment ago that you thought about half had
    13 declined to provide the stool samples. Can you give
    14 me any kind of a rough fractional estimate with
    15 respect to the other kind? Is it greater than that
    16 percent, or less than, or about the same?
    17
    DR. DOREVITCH: For what?
    18
    MS. ALEXANDER: For non-stool sample
    19 collections, refusal to participate.
    20
    DR. DOREVITCH: I couldn't say for
    21 sure. I don't know.
    22
    MS. ALEXANDER: All right. I have no
    23 further questions for Dr. Dorevitch at this time.
    24
    DR. DOREVITCH: If I could just answer
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    1 one of the questions you asked before when you asked
    2 about the review panel that -- the peer reviewers
    3 for the CHEER study, I forgot the name of Dr.
    4 Charlie McGee, Charles McGee, of the LA County
    5 Sanitation District. I think that's the proper name
    6 of his treatment work.
    7
    MR. ANDES: And what was the -- there
    8 was one question you asked that was -- I know we
    9 said we'd get back to you because he has to look at
    10 a document, but do you recall what that was?
    11
    MS. ALEXANDER: Yes. It was a
    12 question of whether you included in your study
    13 anyone who is wading with no other end purpose.
    14
    MR. ANDES: Oh, okay.
    15
    MS. TIPSORD: In that case, we'll move
    16 on to the IEPA.
    17
    MS. WILLIAMS: Okay. I think I'll
    18 ask -- I think I'll ask a followup question on your
    19 chart before I go back to my pre-filed questions, if
    20 that's okay.
    21
    DR. DOREVITCH: Sure.
    22
    MS. WILLIAMS: Can you just explain
    23 the box related to water sampling for indicators and
    24 pathogens? It's not obvious to me based on its
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    1 placement in the chart how that fits in time-wise
    2 with the other activities.
    3
    DR. DOREVITCH: If -- that box is
    4 parallel to the box that says recreation, so during
    5 water recreation, water sampling takes place, and
    6 the way that would work is that if -- we have
    7 interview recruitment teams, and then we have water
    8 sampling teams, and they're operating in a
    9 coordinated fashion, so that if there is recruitment
    10 going on at North Avenue from 8:00 a.m. to
    11 8:00 p.m., there's water sampling going on there
    12 every two hours from 8:00 a.m. to 8:00 p.m. as well,
    13 and there's also water sampling that takes place
    14 upstream and downstream of the water reclamation
    15 plant upstream of the site. So if it were North
    16 Avenue, that would mean upstream of the north side
    17 plant, there would be water sampling as well. So
    18 there's access point sampling, and there's water
    19 reclamation point sampling.
    20
    MS. WILLIAMS: Okay. A couple of
    21 questions, then. Let's first talk about what
    22 parameters they're sampling for.
    23
    DR. DOREVITCH: Okay. There are
    24 physical, chemical measurements, like dissolved
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    1 oxygen temperature, PH, turbidity, conductivity,
    2 there are microbial measures of water quality, E.
    3 Coli, enrocoxi (phonetic), male-specific or F plus
    4 coliphages, somatic coliphages, zero typing of
    5 coliphages, and then there is sampling for giardia,
    6 cryptosporidium, and neurovirus.
    7
    MS. WILLIAMS: And are these samplers
    8 district samplers, or are they from the University?
    9
    DR. DOREVITCH: Everything is -- the
    10 district is not part of the research project.
    11
    MS. WILLIAMS: Okay. So the locations
    12 that you selected for your upstream and downstream
    13 water reclamation plant size, can you explain how
    14 that -- those choices were made and where they're
    15 located?
    16
    DR. DOREVITCH: Sure. It was based on
    17 combinations of logistics, what's possible and
    18 what's safe for our staff to get down close to the
    19 water with their equipment, and also maintaining
    20 enough of an upstream distance and trying to keep a
    21 similar downstream distance for the north side site
    22 and the Calumet plant. So at the north side power
    23 street plant, the upside -- the upstream side is at
    24 Bridge Street, which is about two and a half miles
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    1 upstream of Howard, and the downstream site is
    2 Lincoln Avenue, Lincoln Avenue Bridge, which has a
    3 ramp that a truck can drive down, and that's about a
    4 mile and a half downstream of the -- of the plant.
    5 For the Calumet plant, we sampled water at Beaubian
    6 Woods upstream, and Riverdale Marina downstream.
    7
    MS. WILLIAMS: Just a second. Have
    8 you --
    9
    DR. DOREVITCH: I think the -- this
    10 and the GPS coordinates of those sampling
    11 locations --
    12
    MS. WILLIAMS: Are in there.
    13
    DR. DOREVITCH: -- are in the
    14 protocol.
    15
    MS. WILLIAMS: I'm just trying to get
    16 a sense, a general sense, the location the CHEER
    17 study folks chose are different or similar in some
    18 ways chosen by the microbial risk assessment
    19 samplers. Do you know?
    20
    DR. DOREVITCH: I don't think they're
    21 the same.
    22
    MS. WILLIAMS: Yeah. They sound
    23 different, but I'm not sure how different. Okay.
    24 Well, we'll look at that a little bit. I think I'll
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    1 move back to my pre-filed questions. Question 1,
    2 Page 1, Paragraph 1, your pre-file testimony states
    3 that you're a medical doctor with training and board
    4 certification in emergency medicine, and also in
    5 preventative medicine. This training and
    6 certification in preventative medicine, would you
    7 recommend recreating a disinfected effluent?
    8
    MR. ANDES: Are you saying directly,
    9 like, at the pipe with the effluent coming out at
    10 him, or are we talking about in a waterway with all
    11 the disinfected effluent?
    12
    MS. WILLIAMS: Both.
    13
    DR. DOREVITCH: I wouldn't recommend
    14 sitting under the outfall and being directly exposed
    15 to effluent. If you're talking about limited
    16 contact recreation or incidental contact recreation,
    17 I would recommend doing outdoor recreation. I think
    18 physical activity is helpful, and I've done it on
    19 the CAWS, and I've done it with my family on the
    20 CAWS, and the research team has been out on the CAWS
    21 many times in inflatable motor boats, rafts, and I
    22 think that the -- there's a data gap in terms of how
    23 is that safe or isn't that safe, and when the
    24 study's done, we'll have an answer to that question.
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    1 But at this point, we don't.
    2
    MS. WILLIAMS: Did you take any
    3 special precautions when you took your family out,
    4 relative to if you were on a different waterway?
    5
    DR. DOREVITCH: I've taken them out on
    6 other waterways too. No, we didn't have any special
    7 precautions.
    8
    MS. WILLIAMS: My second question I'm
    9 going to reword a little bit, because I think it's
    10 unclear, but it's referring to a statement at the
    11 top of Page 2 of your testimony. "However, in the
    12 case of water recreation and limited contact
    13 recreation in particular, we're just beginning to
    14 develop the scientific data that will help define
    15 what regulatory measures are appropriate for
    16 protecting the health of the public." Can you be a
    17 little more specific for us when you say "We are
    18 just beginning to develop the scientific data?"
    19
    DR. DOREVITCH: Well, we -- the CHEERS
    20 study are collecting the data that would be useful
    21 for regulators in establishing water quality
    22 standards.
    23
    MS. WILLIAMS: Okay. So you were
    24 referring specifically to your study?
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    1
    DR. DOREVITCH: For limited contact
    2 recreation, yes. I think we're the only study
    3 that's doing a limited or incidental or secondary
    4 contact epidemiologic study now.
    5
    MS. WILLIAMS: Can you explain a
    6 little bit in your view how the results of your city
    7 would be used by a regulator in developing?
    8
    DR. DOREVITCH: Sure.
    9
    MR. ANDES: No chart, but we do have
    10 an exhibit.
    11
    MS. TIPSORD: I've been handed a chart
    12 titled Example of Response Graph, which I'll mark as
    13 Exhibit 109 if there's no objection. Seeing none,
    14 it's Exhibit 109.
    15
    DR. DOREVITCH: Okay. So with this --
    16 this graph is just a made-up example of what a
    17 response relationship might look like. Going across
    18 is microbe concentration. It could be more broadly
    19 water quality measure. It may be non-microbial like
    20 turbidity, and then going up is illness rate, and in
    21 this made-up graph, there's a straight line that
    22 shows with increasing microbe concentration, there's
    23 a higher rate of illness. In real life, the line
    24 might not be straight. It might go up and then
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    1 plateau, it might be flat, and then abruptly
    2 increase, but the CHEERS research study will end up
    3 producing graphs like this, and for a given measure
    4 of water quality or for a given difference between
    5 two water quality conditions, illness rates or
    6 differences in illness rates would be displayed.
    7 That would be the science behind regulation --
    8
    MS. WILLIAMS: And it would be the --
    9
    DR. DOREVITCH: -- in terms of what is
    10 an acceptable risk, where to draw a cutoff and say
    11 this illness level is acceptable, let's draw the
    12 line on the microbe side, you know, across to keep
    13 illness rate below that. That's more of a policy
    14 question or something for society in general to
    15 think about, you know, what's an acceptable risk and
    16 what's an unacceptable risk. So we would be doing
    17 the -- you know, we are developing the data that
    18 will generate graphs like this that will allow
    19 policy makers to identify what measure of water
    20 quality and at what level of that measure acceptable
    21 risks are protected and unacceptable risks are
    22 prevented.
    23
    MS. WILLIAMS: Do you think your study
    24 alone would be sufficient information for a
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    1 regulator to make their policy conclusion with?
    2
    DR. DOREVITCH: It would depend where
    3 the regulator is. If we're talking specifically
    4 about the CAWS, it's hard to imagine a more targeted
    5 research study to answer a local policy question. I
    6 think it's always nice to have more studies and
    7 bigger studies, but if, let's say, our results were
    8 applied to a marine beach for swimming, that would
    9 be a situation where I'd say more studies need to be
    10 done to figure out how relevant our findings are to
    11 that very different setting. But to apply our
    12 results from our setting to making policy in our
    13 setting, yes, I do think it would be sufficient.
    14
    MS. ALEXANDER: I have a quick
    15 followup to that.
    16
    MS. WILLIAMS: Okay.
    17
    MS. ALEXANDER: Sorry. Is it possible
    18 that a regulator would want to make policy based on
    19 something other than overall risk, for instance,
    20 risk to a specific subcategory, such as
    21 immunocompromised persons or people who fall in the
    22 water?
    23
    DR. DOREVITCH: Well, it sounds like a
    24 legal question, not even a policy question. I think
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    1 that the EPA standards for water recreation at
    2 beaches were based on the epidemiologic studies of
    3 Dufor (phonetic) and Cavelli (phonetic) where rates
    4 of illness in the study group were used to make
    5 policy, and not specifically, you know, children,
    6 immunocompromised, elderly, but overall.
    7
    MS. ALEXANDER: Perhaps I need to
    8 clarify my question. You made the statement, as I
    9 understand it, that you think that a comprehensive
    10 nature of this study makes it effectively sufficient
    11 as a basis for policy making. This study, being an
    12 essentially comprehensive risk -- a comprehensive
    13 epidemiological study, as it's been framed, isn't it
    14 possible that a regulator would want to look at
    15 something other than overall risk data in an
    16 epidemiological study, that they want to look at a
    17 risk to a more targeted subcategory in making their
    18 determination whether it was appropriate to regulate
    19 and reduce bacterial loading to the CAWS?
    20
    DR. DOREVITCH: It's possible that a
    21 regulator might want to do that. I don't know if --
    22 what the implications of the Clean Water Act are for
    23 that question. But like I told you before, we do
    24 ask people about their age and if they have
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    1 underlying health conditions, and that data will be
    2 analyzed, and if there is an elevated risk, that's
    3 something that a policy maker can consider, but I'm
    4 not sure how the Clean Water Act would be applied.
    5
    MS. ALEXANDER: I'm not referring
    6 specifically to the Clean Water Act. It's a broader
    7 question, which is if, in fact, your result was
    8 negative for the popular across the board,
    9 hypothesizing that, but there was some indication
    10 that there was a higher risk to children or if there
    11 was an insufficient sample, for instance, with
    12 respect to children, or with respect to pregnant
    13 women or immunocompromised people, that a regulator
    14 might want to decide to protect for -- to protect
    15 those specific groups or to protect the subcategory
    16 of people who fall into the water, even if you had
    17 not, in fact, tested a significant sample of any of
    18 those people in your study?
    19
    MR. ANDES: We're getting really into
    20 legal speculation.
    21
    MS. ALEXANDER: No, that's policy.
    22
    MR. ANDES: He's not trying to set
    23 policy.
    24
    MS. ALEXANDER: Well, but he just
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    1 testified that he thought his study was the basis
    2 for setting policy --
    3
    MR. ANDES: Scientific --
    4
    MS. ALEXANDER: -- and I'm asking
    5 about other bases one might have for setting policy.
    6
    MR. ANDES: Is that an adequate
    7 scientific basis?
    8
    MS. ALEXANDER: Well, okay. But
    9 that's exactly the problem, is the epidemiological
    10 study as you're framing it an adequate scientific
    11 basis, in your view, to assess an overall risk. Is
    12 that correct? With the understanding that you're
    13 asking specific questions about subcategories of
    14 users, you're not trying to do an epidemiological
    15 study specifically of risks to immunocompromised
    16 persons, correct?
    17
    DR. DOREVITCH: Well, I'm trying to do
    18 an epidemiologic study that reflects current risks.
    19 So if there are a lot of pregnant immunocompromised
    20 women on the CAWS, we will be recruiting them, and
    21 our risk estimate will reflect that. If this
    22 subcategory is minimal in size, then I'm not sure it
    23 needs to reflect large numbers of people in that
    24 category if they aren't there.
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    1
    MS. ALEXANDER: But isn't it possible
    2 that a subcategory that is not currently a frequent
    3 user of the CAWS, and therefore of which you would
    4 not have a statistically significant sample so as to
    5 assess risks to that subcategory, might be a
    6 category, such as children, that a regulator would
    7 want to protect, even if your research did not have
    8 conclusive findings as to the overall risks
    9 specifically to that subcategory?
    10
    DR. DOREVITCH: Well, we do involve a
    11 lot of children.
    12
    MS. ALEXANDER: I -- that's not what I
    13 said.
    14
    MR. ANDES: I think we're really --
    15
    MS. TIPSORD: I think we're beating a
    16 dead horse here. You're asking him is it possible.
    17 Is it possible?
    18
    DR. DOREVITCH: It is possible --
    19
    MS. TIPSORD: Is it possible that --
    20
    DR. DOREVITCH: -- that there will be
    21 not enough people in various subcategories, whether
    22 it's recreational activity or immune status to say
    23 definitively that they are or are not at increased
    24 risk.
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    1
    MS. ALEXANDER: Just one followup on
    2 that, and then I will drop the dead horse.
    3
    MS. TIPSORD: I -- because you've
    4 asked the same question the same way four times, and
    5 you're not getting an answer, but go ahead.
    6
    MS. ALEXANDER: I will leave the dead
    7 horse alone after this, but am I correct in
    8 understanding that you're not purporting to do a
    9 risk assessment specifically of the risk -- I'm
    10 sorry -- an epidemiologic study specifically of the
    11 risk to any of these subcategories? In other words,
    12 you're not purporting to do an epidemiological study
    13 with the statistically sufficient sample of, say,
    14 children, to assess the risks specifically to
    15 children on the CAWS. Is that correct?
    16
    DR. DOREVITCH: The study is designed
    17 to characterize the risk of actual use. So to the
    18 degree that children make up a sizeable percent of
    19 all use, we will characterize risk to children.
    20
    MS. ALEXANDER: Okay. I promised to
    21 drop it, so I will.
    22
    MS. WILLIAMS: I'm just going to go
    23 back to the pre-filed question number three.
    24
    DR. DOREVITCH: Yes.
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    1
    MS. WILLIAMS: There's some
    2 information in the beginning of your testimony
    3 discussing your experience in USEPA proceedings in
    4 the air context.
    5
    DR. DOREVITCH: Yes.
    6
    MS. WILLIAMS: And I'd just like to
    7 understand from that, are you suggesting that the
    8 scientific consensus that air pollution causes
    9 illness is more subtle than the scientific consensus
    10 that bacteria and pathogens cause illness?
    11
    DR. DOREVITCH: I --
    12
    MR. ANDES: That's really --
    13
    DR. DOREVITCH: What I'm saying is
    14 that there's a strong scientific consensus that air
    15 pollution causes illness. There is very, very
    16 little science to say whether or not incidental
    17 contact water recreation causes illness.
    18
    MS. WILLIAMS: Okay. But not whether
    19 bacteria and pathogens?
    20
    MR. ANDES: But his statement wasn't
    21 about bacteria and pathogens causing illness. I'd
    22 object to that characterization. It's not the point
    23 he tried to make.
    24
    MS. WILLIAMS: I think he can answer
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    1 the question though.
    2
    MR. ANDES: But it's --
    3
    MS. WILLIAMS: I mean it's not for you
    4 to say the point he was trying to make.
    5
    MR. ANDES: You're assuming there's
    6 a --
    7
    MS. WILLIAMS: It's a yes or no
    8 question.
    9
    DR. DOREVITCH: I didn't say anything
    10 that we're not sure if bacteria or pathogens cause
    11 illness. I think that's been well-established for
    12 several hundred years. Even before the microscope
    13 was invented they knew about pathogens.
    14
    MS. WILLIAMS: Thank you.
    15
    DR. DOREVITCH: But what I am saying
    16 is that there's a huge amount of science showing
    17 that in subgroups, diabetics, elderly, children,
    18 multiple cities, different pollutants, measured in
    19 lots of different ways, lots of different places,
    20 rates of asthma attacks, cardiovascular events, are
    21 increased, and it's been consistent among many large
    22 studies with tens of thousands of participants, and
    23 we're, kind of, flying in the dark when it comes to
    24 figuring out what's good policy for incidental
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    1 contact water recreation.
    2
    You know, those three studies that
    3 I mentioned, Futrel, Futrel and Lee, don't really
    4 give us a lot of direction about what should we do
    5 here in Chicago. You know, this isn't the slalom
    6 white water course, and the other studies have their
    7 limitations, so there's a huge difference in the
    8 amount of certainty we have in air versus incidental
    9 contact water recreation.
    10
    MS. WILLIAMS: Have you performed an
    11 epidemiological study of microbial risk before?
    12
    DR. DOREVITCH: Yes.
    13
    MS. WILLIAMS: Okay. What did you
    14 study?
    15
    DR. DOREVITCH: I studied Helicobacter
    16 infection.
    17
    MS. TIPSORD: Could you spell that for
    18 the court reporter?
    19
    DR. DOREVITCH:
    20 H-e-l-i-c-o-b-a-c-t-e-r.
    21
    MS. WILLIAMS: Which is the bacteria
    22 you testified earlier causes ulcers?
    23
    DR. DOREVITCH: Correct.
    24
    MS. WILLIAMS: And it's not at all
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    1 connected to waterborne recreation as far as we
    2 know, you testified earlier?
    3
    DR. DOREVITCH: It's a study of
    4 occupational exposures.
    5
    MS. WILLIAMS: I'm going to ask a
    6 couple of questions about some of the very general
    7 statements you made on Pages 2 and 3 in your bullet
    8 points --
    9
    DR. DOREVITCH: Okay.
    10
    MS. WILLIAMS: -- where you're
    11 describing information one would want to know in
    12 developing efforts to improve water quality on the
    13 CAWS.
    14
    DR. DOREVITCH: Yes.
    15
    MS. WILLIAMS: And counsel is walking
    16 up to the chart board. Are these the bullets I'm
    17 referring to?
    18
    MR. ANDES: They sure are, and I have
    19 copies of them too.
    20
    MS. WILLIAMS: So are these the
    21 questions you formulated in your testimony that are
    22 blown up here?
    23
    DR. DOREVITCH: I'd have to double
    24 check that they were copied correctly, but it looks
    L.A. REPORTING (312) 419-9292

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    1 like the same to me, yes.
    2
    MS. WILLIAMS: Okay.
    3
    MS. TIPSORD: These are on Page 2 and
    4 3 of the testimony, correct?
    5
    MS. WILLIAMS: Yes. I had no idea
    6 they were important enough for a giant chart.
    7
    MS. TIPSORD: They're on -- we're not
    8 going to enter these as an exhibit. They're Page 2
    9 and 3 of the pre-filed testimony, which I believe is
    10 Exhibit 100.
    11
    MS. WILLIAMS: In listing information
    12 one would want to know, your testimony includes the
    13 following: "Are rates of illness higher among CAWS
    14 recreators compared to recreators doing the same
    15 activities on water that -- waters that do not
    16 receive treated wastewater, and how does the
    17 contribution of water reclamation plans to microbial
    18 measures of water quality compare to the
    19 contributions of runoff and sewer overflow?" Can
    20 you explain why it's relevant to your analysis
    21 whether the risk the recreator is from disinfected
    22 effluent, or another source, such as CSOs?
    23
    DR. DOREVITCH: Sure.
    24
    MR. ANDES: We have a handout, no
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    1 chart.
    2
    MS. WILLIAMS: Are you a teacher?
    3
    DR. DOREVITCH: Yes.
    4
    MR. ANDES: That's not in the
    5 testimony.
    6
    MS. TIPSORD: This is Sources of Risk
    7 by Group, and we will mark this as Exhibit No. 110
    8 if there's no objection. Seeing none, it's
    9 Exhibit 110.
    10
    DR. DOREVITCH: Okay. So looking at
    11 this Exhibit 110, this explains why looking at
    12 people at CAWS locations and waters that don't
    13 receive treated effluent. The conceptual model of
    14 the study is that there is a -- there are background
    15 factors that lead to symptoms, and if we're going to
    16 talk specifically about gastrointestinal symptoms,
    17 people may have gastrointestinal symptoms because of
    18 medications they're taking, because of irritable
    19 bowel syndrome, because of foodborne illness, and
    20 that is what I think of as background factors in the
    21 population, and that's what the unexposed group is
    22 exposed to.
    23
    The general use group would have
    24 that as well as water contact. They are getting
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    141
    1 splashed, they may be ingesting water, so that water
    2 presumably has lower pathogen loads than the CAWS,
    3 but clean water has been shown to produce elevated
    4 rates, especially respiratory symptoms. In the CAWS
    5 group, we have background factors, water contact,
    6 and pathogen exposure, presumably coming from
    7 plants, but potentially coming from other sources as
    8 well, and that by recruiting people at the general
    9 use sites that don't receive treated effluent and
    10 CAWS locations that do, it'll be possible to
    11 attribute risk to CAWS recreation if -- if there is
    12 a risk to be attributed.
    13
    So that's why -- I mean, so the
    14 first part of your question about why CAWS and other
    15 water bodies, that's why. The -- the second part
    16 about CSOs and other potential sources of pathogens,
    17 that's more about providing information that may be
    18 useful in developing preventive strategies at a
    19 policy level.
    20
    MS. WILLIAMS: But how is that
    21 relevant to what you're looking at? I understand
    22 how it might be relevant to a regulator after the
    23 fact.
    24
    DR. DOREVITCH: It doesn't change
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    142
    1 anything we do.
    2
    MS. WILLIAMS: Okay.
    3
    DR. DOREVITCH: You know, we don't
    4 sample water at CSOs specifically or anything like
    5 that. But let's say rainfall or heavy precipitation
    6 turns out to be a stronger predictor of illness than
    7 microbe concentrations or handwashing or other
    8 factors, I think that's important to know. If --
    9
    MS. WILLIAMS: Will we be able to know
    10 that from your study?
    11
    DR. DOREVITCH: We would know
    12 something about that, sure. We collect meteorologic
    13 data from the -- we get data from the national
    14 climatic data center, so we have a lot of
    15 information about rainfall and how rainfall may or
    16 may not affect water quality. That doesn't change
    17 the analyses of differences among groups, but it
    18 does paint a broader picture of what determines
    19 health risk along the CAWS.
    20
    MS. WILLIAMS: So number five asks
    21 about another one would want to know bullet point,
    22 "Are the pathogens responsible for illness, bacteria
    23 viruses, or parasites, which may require different
    24 water quality treatment strategies." Explain why it
    L.A. REPORTING (312) 419-9292

    143
    1 would matter if one were dealing with viruses
    2 instead of bacteria, et cetera.
    3
    DR. DOREVITCH: Well, you know, I
    4 don't claim to be a civil and environmental
    5 engineer, but, you know, my understanding is that
    6 there are different disinfection options, like
    7 chlorination, ozonization, and UV radiation, and
    8 they have varying effectiveness against different
    9 categories of microbes, and it might be helpful if
    10 disinfection were to take place to know what we're
    11 trying to disinfect.
    12
    MS. WILLIAMS: Are you basing that on
    13 anything other than Dr. Blatchley's testimony?
    14
    DR. DOREVITCH: I'm not basing it on
    15 Dr. Blatchley's testimony.
    16
    MS. WILLIAMS: Okay. What are you
    17 basing your understanding that there are different
    18 treatment technologies for different types of
    19 organisms?
    20
    DR. DOREVITCH: Textbooks of
    21 wastewater management, water quality management. I
    22 don't -- I don't think that that's especially
    23 controversial, whether viruses and parasites require
    24 the same disinfection approach as bacteria.
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    144
    1
    MS. WILLIAMS: Sorry about that.
    2
    DR. DOREVITCH: That's okay.
    3
    MS. WILLIAMS: Number six, another
    4 question you posed in your testimony is "If the
    5 Pollution Control Board were to establish water
    6 quality standards rather than a disinfection
    7 requirement, is there a microbial water quality
    8 level above which risk is unacceptable, and below
    9 which risk is acceptable?" Are you able to
    10 recommend such a microbial water quality level to
    11 the Board today?
    12
    DR. DOREVITCH: I'm not.
    13
    MS. WILLIAMS: And this may somewhat
    14 repeat what we talked about earlier, but if not,
    15 will the CHEERS study result in such a
    16 recommendation when complete?
    17
    DR. DOREVITCH: This is similar to
    18 what I was saying earlier, that we will produce the
    19 data and generate the graphs and the mathematical
    20 equations that that figure -- I don't remember the
    21 exhibit number.
    22
    MS. WILLIAMS: It's Exhibit 109.
    23
    DR. DOREVITCH: That Exhibit 109 is,
    24 you know, sort of a cartoon of. But that
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    145
    1 information will be produced by the research study.
    2
    MS. WILLIAMS: Now on the left hand
    3 column, vertical axis, we have illness rate, and
    4 then we have microbe concentration at the bottom.
    5 What would you envision microbe concentration saying
    6 specifically? Do you anticipate reporting specific
    7 indicator organisms that a regulator could use to
    8 target to a specific illness rate at the end of your
    9 study?
    10
    DR. DOREVITCH: Well, there -- we
    11 would make graphs of the different permutations of
    12 different illnesses versus, you know, on the up
    13 down, the Y axis, different illnesses and the rates
    14 of those illnesses, and then across on the X axis,
    15 we would see how E. Coli predicts illness, you know,
    16 what that response looks like. We would do that for
    17 enerocoxi, we would do that for somatic coliphages,
    18 we would do that for F plus or male-specific for
    19 coliphages, for coliphage zero types, for pathogens
    20 as well, and then for the physical, chemical water
    21 quality parameters that I mentioned as well.
    22
    MS. WILLIAMS: With regard to the
    23 illness rate column --
    24
    DR. DOREVITCH: Yes.
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    1
    MS. WILLIAMS: -- I believe earlier
    2 testimony was that the microbial risk assessment
    3 came up with values in the ranges between one and
    4 two-ish illnesses per 1,000. Does that sound right
    5 to you?
    6
    DR. DOREVITCH: That sounds like what
    7 the risk assessment found, if that's the question.
    8
    MS. WILLIAMS: Yeah, that was my
    9 question. Do you agree with their conclusions that
    10 that's a low illness rate?
    11
    DR. DOREVITCH: It is one to two per
    12 thousand lower, you're asking me?
    13
    MS. WILLIAMS: Yes.
    14
    DR. DOREVITCH: Well, it's lower than
    15 19 per thousand, and, you know, it's lower than some
    16 of the other references that stand -- that
    17 recreational water quality standards have been based
    18 on, you know, USEPA standards. So, you know it's
    19 lower -- one to two is lower than 19, yes.
    20
    MS. WILLIAMS: Okay. Would it be
    21 reasonable for a regulator to conclude that was an
    22 unacceptable level of risk?
    23
    DR. DOREVITCH: That's not a -- that's
    24 a policy question for a regulator, and I'm -- it
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    147
    1 would be a mistake for me to think about what I
    2 think the right policy is. I'm trying to do this
    3 study in a neutral fashion, and the results will be
    4 what they are, and, you know, they'll be there for
    5 everybody to see.
    6
    MS. WILLIAMS: Thank you. I think
    7 question number seven asks you to clarify about an
    8 outbreak you referenced in Taswell (phonetic) County
    9 in your testimony. Can you tell us what the source
    10 of that outbreak was?
    11
    DR. DOREVITCH: That was a swimming
    12 pool and water recreation park.
    13
    MS. WILLIAMS: Number eight has been
    14 answered with regard to the term outbreak. I don't
    15 think we ever got to comparing the definitions of an
    16 outbreak with an epidemic. Can you --
    17
    DR. DOREVITCH: The terms are used
    18 interchangeably. Specifically, outbreak in the
    19 context of the waterborne disease, outbreaks
    20 surveillance system, it means two cases that are
    21 linked, and in general terms, it -- epidemic or
    22 outbreak, they're both used interchangeably -- means
    23 a greater than expected number of cases.
    24
    MS. WILLIAMS: So, I mean, I think in
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    1 my mind, epidemic implies something more unusual and
    2 serious, and that's not your intention to use
    3 epidemic as something more unusual or serious or
    4 larger?
    5
    DR. DOREVITCH: No, it's not.
    6
    MS. WILLIAMS: Okay. Question number
    7 nine, I think, has mostly been answered, but I just,
    8 kind of, want to understand how with regard to the
    9 CBC outbreak database, how we would look at a
    10 source -- a potential disease-causing source that
    11 was as large as this 78-mile waterway. Would that
    12 be common that an outbreak would be pegged to such a
    13 large area?
    14
    DR. DOREVITCH: Well, I -- the
    15 waterway may be 78 miles, but it's not like
    16 recreational activity is evenly distributed. There
    17 are certain launches where a lot of activity
    18 happens, and then there are big stretches were
    19 there's no recreational activity, or at least no
    20 incidental contact activity. So if there are 200
    21 people at a boat launch and ten percent of them get
    22 sick, it's as likely that that'll get reported as if
    23 it occurred at a beach. If anything, it may be more
    24 likely to be reported in that the rowing teams are,
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    1 kind of, social networks, and if two people both get
    2 sick or more than two people get sick, they're
    3 talking about it. So from that perspective, I think
    4 it's -- it could be detected just like a beach
    5 outbreak, maybe a little bit more likely if given
    6 equal numbers in both settings.
    7
    MS. WILLIAMS: Could you go back and
    8 explain what you're -- or where you are referring to
    9 when you say there are large stretches of the CAWS
    10 were there's no incidental contact recreation
    11 occurring?
    12
    DR. DOREVITCH: Well, I -- it's not
    13 like we, the research team, are continually
    14 conducting surveillance to see what's happening on
    15 the Sanitary and Ship Canal, but recreational
    16 activities are concentrated at certain locations on
    17 the --
    18
    MS. WILLIAMS: I didn't understand
    19 what you're saying. You are, or you are not?
    20
    DR. DOREVITCH: We are not.
    21
    MS. WILLIAMS: Okay. You're not.
    22
    DR. DOREVITCH: So I don't think --
    23 from my understanding, you know, from the UIA
    24 report, there are areas where there's pretty
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    1 limited -- you know, very little, if any,
    2 recreational activity.
    3
    MS. WILLIAMS: Have your folks gone
    4 out to the Western Avenue boat lunch?
    5
    DR. DOREVITCH: I don't know -- is
    6 there another name for the Western Avenue boat
    7 launch?
    8
    MR. ANDES: Is it opened?
    9
    DR. DOREVITCH: Western on the north
    10 branch?
    11
    MS. WILLIAMS: Yes. I can answer if
    12 you want to swear me in.
    13
    MR. SULSKI: On the Sanitary Ship
    14 Canal.
    15
    DR. DOREVITCH: I know that there's a
    16 location where people fish from the sides of the
    17 Sanitary Ship Canal, and our folks have been there,
    18 and I don't think they call it the Western Avenue
    19 site, but that may be it. If that's a new location,
    20 that's the kind of place that we'd want to recruit
    21 people at next season.
    22
    MS. WILLIAMS: Okay. There was some
    23 testimony, I think, last week about that, so might
    24 want to have the folks take a look at it.
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    1
    DR. DOREVITCH: Yeah. Thank you.
    2
    MS. WILLIAMS: Not last week, two
    3 weeks ago. Okay.
    4
    MS. TIPSORD: Let's go off the record
    5 for just a second.
    6
    (Whereupon, a discussion was had
    7
    off the record.)
    8
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    152
    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF COOK )
    3
    4
    5
    REBECCA A. GRAZIANO, being first
    6 duly sworn on oath says that she is a court reporter
    7 doing business in the City of Chicago; that she
    8 reported in shorthand the proceedings given at the
    9 taking of said hearing, and that the foregoing is a
    10 true and correct transcript of her shorthand notes
    11 so taken as aforesaid and contains all the
    12 proceedings given at said hearing.
    13
    14
    15
    REBECCA A. GRAZIANO, CSR
    16
    29 South LaSalle Street, Suite 850
    Chicago, Illinois 60603
    17
    License No.: 084-004659
    18
    19 SUBSCRIBED AND SWORN TO
    before me this 23rd day
    20 of September, A.D., 2008.
    21
    Notary Public
    22
    23
    24
    L.A. REPORTING (312) 419-9292

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