# MIDWEST BANK/JOHN SUERTH
> **Administrative - Formal** · FY1993 · — · Default Order With Penalty
## Case
- **Activity ID:** `28458`
- **Case Number:** 05-1993-1064
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Default Order With Penalty
- **Penalty assessed:** $68K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- JOHN SUERTH (complaint) (settlement)
- MIDWEST BANK (complaint) (settlement)
## 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

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