REFERRAL FOR VIOLATIONS OF FINANCIAL ASSURANCE REQUIREMENTS, WHICH WERE INCORPORATED IN A PARTIAL CAFO IN 1987, WHICH ORDERED EKCO TO SUBMIT A SURFACE IMPOUNDMENT CLOSURE PLAN, TO IMPLEMENT THE PLAN AFTER EPA APPROVAL. ON JANUARY 28, 1994, A JUDGEMENT FOR THE U.S. WAS ENTERED AND A PENALTY ASSESSED OF $4,606,000. (SEE RMTS MATTER # 05-91-0224). THE SIXTH CIRCUIT REMANDED $1.7 MILLION TO THE TRIAL COURT FOR RECONSIDERATION. THE PARTIES SETTLED THE REMAINING PORTION OF THE CASE FOR $400,000 IN THIS ACTION, 7/16/96.