EPA v. MIDWEST BANK/JOHN SUERTH

Case summary

THIS ACTION INVOLVES THE QUVOE SITE. ORIGINALLY THE BANK WAS NAMED. IN DECEMBER 1987, EPA MOVED TO AMEND THE COMPLAINT TO ADD SUERTH AND ROCKLAND MINERAL PROCESSORS, INC. THE AMENDED COMPLAINT WAS SERVED JANUARY 14, 1988. THE MIDWEST BANK AND ROCKLAND LATTER SETTLED OUT OF THE ACTION. (THE BANK AGREED TO PAY $1,000 PENALTY AND ROCKLAND AGREED TO CLOSE THE FACILITY. ) MR. SUERTH THEN HAD A DEFAULT JUDGMENT ENTERED AGAINST HIM FOR $66,500. HE LATER APPEALED THIS FINAL DECISION. HE BLAMED HIS ATTORNEY WHO HAD BEEN DISBARRED FOR NOT PROPERLY REPRESENTING HIM. WHO NEVER FILED AN APPEARANCE OR RESPONSE. MR. SUERTH ALSO ARGUED THAT THE CASE WAS BARRED BY A PLEA AGREEMENT WHICH HE ENTERED IN A CRIMINAL CASE IN WHICH EPA AGREED TO FOREGO ANY SUIT FOR CIVIL PENALTIES AGAINST ?SUERTH? FOR HIS OPERATIONS AT THE DES PLAINES*** FACILIT?Y? BETWEEN NOVEMBER 1, 1980 AND THE DATE OF THIS AGREEMENT, (MARCH 21,1985). THE APPEAL WAS DENIED ON OCTOBER 23, 1991 BY THE CHIEF JUDICIAL OFFICER. THE REGION IS CONTEMPLATING FILING A REFERRAL TO ENFORCE THE FINAL ORDER FOR PENALTIES. ORC ATTORNEY: DEFAULT JUDGMENT ENTERED FOR $67,500 REFERRED TO DOJ FOR COLLECTION SENT BACK TO REGION CLOSED: 10/16/96

Defendants (2)

• JOHN SUERTHNamed in complaintNamed in settlement
• MIDWEST BANKNamed in complaintNamed in settlement

Facilities (4)

• QUE VOE CHEMICAL INDUSTRIES INCORPORATED

  2323 MT PROSPECT RD, DES PLAINES, IL, 60018

  Registry ID: 110001343859

• QUE VOE CHEMICAL INDUSTRIES INCORPORATED

  2323 MT PROSPECT RD, DES PLAINES, IL, 60018

  Registry ID: 110001343859

• QUE VOE CHEMICAL INDUSTRIES INCORPORATED

  2323 MT PROSPECT RD, DES PLAINES, IL, 60018

  Registry ID: 110001343859

• QUE VOE CHEMICAL INDUSTRIES INCORPORATED

  2323 MT PROSPECT RD, DES PLAINES, IL, 60018

  Registry ID: 110001343859

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• MIDWEST BANK/JOHN SUERTHentered 1989-09-29

  Primary law: RCRA

  Federal penalty: $67,500

Timeline (4 milestones)

• 1986-09-30Complaint Filed/Proposed Order
• 1989-09-29Final Order Issued
• 1993-07-14Enforcement Action Data Entered
• 1996-10-16Enforcement Action Closed