THIS IS AN OVERFILE CASE RESULTING FROM THE STATE NOT TAKING SIGNIFICANT ACTION AGAINST PLATTE CHEMICAL. THERE ARE A TOTAL OF 756 COUNTS-INCLUDING 179 COUNTS OF FAILING TO CON- DUCT FACILITY INSPECTIONS AND MAINTAIN AN INSPECTION LOG AND 186 COUNTS OF FAILING TO MAINTAIN AN OPERATING RECORD. A FEDERAL PENALTY OF $1,220,985 IS PROPOSED. CONSENT AGREEMENT ISSUED ON 5/7/98. CIVIL PENALTY ASSESSED IS 203,311.00 TO BE PAID AS FOLLOWS: $42,770 WILL BE PAID WITHIN 30 DAYS OF DATE OF ORDER, $67,770 WITHIN 365 DAYS OF DATE OF ORDER AND FINAL PAYMENT OF $67,771 WILL BE PAID WITHIN 730 DAYS OF DATE OF ORDER. PLATTE CHEMICAL ALSO AGREED TO PERFORM THE FOLLOWING SEPS: 1. PLASTIC PALLETS SEP - THIS INVOLVES THE RECYCLING OF PLASTIC CONTAINERS THAT WERE PREVIOUSLY USED TO STORE AND SHIP AGRICULTURAL CHEMICALS. 2. CHEMSWEEP PROGRAM AND HOUSEHOLD HAZARDOUS WASTE SEP - THIS INVOLVES WORKING WITH THE COLO. DEPT. OF AGRICULTURE TO ENSURE THAT UNUSED PEST- ICIDES FROM INDIVIDUAL AGRICULTURAL OPERATIONS IN NE COLO- ADO DO NOT BECOME ENVIRONMENTAL PROBLEMS FROM IMPROPER DISPOSAL ON PUBLIC OR PRIVATE PROPERTY OR AT AREA LAND DISPOSAL FACILITIES.