ON APRIL 20, 1992, THE COURT ENTERED A CONSENT DECREE BETWEEN THE UNITED STATES ON BEHALF OF THE EPA AND THE COLORADO & EASTERN RAILROAD COMPANY, INC. THAT PROVIDED FOR PAYMENT OF $100,000 BY CERC FOR PAST CLEAN UP COSTS PERTAINING TO THE WOODBURY CHEMICAL SITE. TWO PREVIOUS CONSENT DECREES HAD BEEN SIGNED BY DEFENDANTS MCKESSON CORPORATION AND FARMLAND INDUSTRIES, INC., PROVIDING FOR REIMBURSEMENT OF $700,000 IN PAST COSTS AND FOR THE CONDUCT OF THE REMEDY FOR THE SITE. A SECOND CONSENT DECREE WITH MAYTAG CORPORATION PROVIDED FOR REIMBURSEMENT OF $100,000 OF PAST COSTS. THE THREE SETTLEMENTS TOGETHER PROVIDE FOR 100% RECOVERY OF PAST COSTS AND THE CONDUCT OF THE RD/RA WORK. THE CLEAN-UP HAS BEEN COMPLETED AND EPA IS CURRENTLY PREPARING THE NOTICE OF INTENT TO DELETE THE SITE FROM THE NPL. THE CONSENT DECREE WITH CERC PROVIDES FOR PAYMENT OF $100,000 WITHIN THIRTY DAYS AFTER ENTRY OF THE CONSENT DECREE. CERC HAS BEEN GIVEN EVERY OPPORTUNITY TO RECTIFY ITS NON-COMPLIANCE WITH THE CONSENT DECREE. ON 08/04/92, THE UNITED STATES DEMANDED PAYMENT OF $101,374.56 (PAYMENT PLUS INTEREST). DESPITE SEVERAL FURTHER TELEPHONE CONVERSATIONS WITH CERC'S COUNSEL, CERC HAS NOT PAID THE AMOUNT OWING AND HAS REPRESENTED THAT CERC DOES NOT INTEND TO PAY IN THE FORESEEABLE FUTURE. BY THIS REFERRAL, THE REGION IS REQUESTING THAT THE U.S. DEPARTMENT OF JUSTICE BRING A JUDICIAL ACTION TO ENFORCE T