BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KENNETH E. MEDEMA,
    JR.,
    Compla
    v.
    ant,
    )
    )
    )
    )
    )
    )
    )
    TNT LOGISTICS NORTH AMERICA
    INC.,
    Respondent.
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (VIA ELECTRONIC MAIL)
    NOTICE OF FILING
    TO:
    PCB No. 05-220
    (Enforcement - Noise)
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (VIA FIRST CLASS MAIL)
    (PERSONS ON ATTACHED SERVICE LIST)
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
    the Illinois Pollution Control Board an ENTRY OF APPEARANCE OF EDWARD W.
    DWYER, ENTRY OF APPEARANCE OF THOMAS G. SAFLEY, and
    RESPONDENT'S ANSWER AND AFFIRMATIVE DEFENSE TO
    COMPLAINANT'S COMPLAINT,
    copies of which are herewith served upon you.
    Respectfully submitted,
    TNT LOGISTICS NORTH
    AMERICA
    INC.,
    Respondent,
    Dated: August 22, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    THIS FILING SUBMITTED ON RECYCLED PAPER
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, hereby certify that I have served the
    attached ENTRY OF APPEARANCE OF EDWARD W. DWYER, ENTRY OF
    APPEARANCE OF THOMAS G. SAFLEY, and RESPONDENT'S ANSWER AND
    AFFIRMATIVE DEFENSE TO COMPLAINANT'S COMPLAINT
    upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    via electronic mail on August 22, 2005; and upon:
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Mr. Kenneth E. Medema, Jr.
    6603 Lakeview Lane
    Monee, Illinois 60449
    by depositing said documents in the United States Mail, postage prepaid, in Springfield,
    Illinois on August 22, 2005.
    /s/ Thomas G. Saflev
    Thomas G. Safley
    TNTL:0021Fi1/N0F-C0S - Answer - Medema
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KENNETH E. MEDEMA, JR.,
    )
    Complainant,
    )
    v .
    )
    PCB No.
    05-220
    (Enforcement - Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    INC.,
    )
    Respondent.
    )
    ENTRY OF APPEARANCE OF EDWARD W. DWYER
    NOW COMES Edward W. Dwyer, of the law firm of HODGE DWYER
    ZEMAN, and hereby enters his appearance on behalf of Respondent, TNT LOGISTICS
    NORTH AMERICA INC.
    Respectfully submitted,
    TNT LOGISTICS NORTH AMERICA
    INC.,
    Respondent,
    By:/s/ Edward W. Dwyer
    Edward W. Dwyer
    D ated: August 22, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/E0A-EWD-Mederna
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KENNETH E. MEDEMA,
    JR.,
    )
    Complainant,
    )
    v.
    )
    PCB No. 05-220
    }
    (Enforcement - Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    INC.,
    )
    }
    Respondent.
    )
    ENTRY OF APPEARANCE OF THOMAS G. SAFLEY
    NOW COMES Thomas G. Safley, of the law firm of HODGE DWYER ZEMAN,
    and hereby enters his appearance on behalf of Respondent, TNT LOGISTICS NORTH
    AMERICA INC.
    Respectfully submitted,
    TNT LOGISTICS NORTH AMERICA
    INC.,
    Respondent,
    B y;/s/ Thomas G. Safley
    Thomas G. Safley
    Dated: August 22, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/EQA-TGS-Medema
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KENNETH E. MEDEMA, JR.,
    )
    Complainant,
    )
    )
    v.
    )
    PCB No. 05-220
    (Enforcement - Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    INC.,
    )
    )
    Respondent.
    )
    RESPONDENT'S ANSWER AND AFFIRMATIVE
    DEFENSE TO COMPLAINANT'S COMPLAINT
    NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.
    ("TNT"), by its attorneys HODGE DWYER ZEMAN, and for its Answer and
    Affirmative Defense to Complainant's Complaint, states as follows:
    ANSWER
    I.
    TNT has insufficient information to
    t or deny the allegations
    contained in paragraph one of Complainant's Complaint, and therefore denies the same.
    2.
    TNT has insufficient information to admit or deny the allegations
    contained in paragraph two of Complainant's Complaint, and therefore denies the same.
    3.
    TNT admits that it operates a facility at the address and telephone number
    identified by Complainant in paragraph three of Complainant's Complaint ("Facility").
    To the extent that paragraph three of Complainant's Complaint contains any further
    factual allegations, TNT denies the same.
    4.
    In response
    to paragraph four of Complainant's Complaint, TNT admits
    that its Facility conducts
    ehousing and distribution activities. To the extent that
    paragraph four of Complainant's Complaint conta
    denies the same.
    any further factual allegations, TNT
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    5.
    Paragraph five of Complainant's Complaint states a legal conclusion that
    does not call for a response. To the extent that paragraph five of Complainant's
    Complaint contains any factual allegations, TNT denies the same. TNT further
    specifically denies that it has violated the numeric noise limitations referenced in
    paragraph five of Complainant's Complaint.
    6.
    TNT denies that any alleged activities referenced in paragraph six of
    Complainant's Complaint constitute "pollution" or have resulted in the violation of any
    of the numeric noise limitations referenced in paragraph five of Complainant's
    Complaint. To the extent that paragraph six of Complainant's Complaint contains any
    further factual allegations, TNT denies the same.
    7.
    TNT affirmatively states that it has no information regarding when, if at
    all, any alleged noise emissions from its Facility allegedly would have been emitted to
    Complainant's property. Thus, TNT has insufficient information to admit or deny the
    al legations contained in the first three sentences of paragraph seven of Complainant's
    Complaint, and therefore denies the same. The fourth sentence of paragraph seven of
    Complainant's Complaint does not contain a factual allegation, but contains an opinion
    that does not call for a response. To the extent that paragraph seven of Complainant's
    Complaint contains any further factual allegations, TNT denies the same.
    8.
    TNT has insufficient information to admit or deny the allegations
    contained in paragraph eight of Complainant's Complaint, and therefore denies the same.
    9.
    TNT denies that Complainant is entitled to the relief he requests in
    paragraph nine of Complainant's Complaint. To the extent that paragraph nine of
    Complainant's Complaint contains any factual allegations, TNT denies the same.
    2
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    10.
    TNT
    has insufficient
    information to admit or deny any allegations
    contained
    in paragraph 10 of Complainant's Complaint, and therefore denies the same.
    11.
    TNT has insufficient
    information to admit or deny any allegations
    contained in paragraph 11 of Complainant's Complaint, and therefore denies the same.
    12.
    TNT has insufficient
    information to admit or deny any allegations
    contained
    in paragraph 12 of Complainant's Complaint, and therefore denies the same.
    WHEREFORE,
    Respondent TNT LOGISTICS NORTH AMERICA INC., by its
    attorneys HODGE DWYER ZEMAN, prays that Complainant take nothing by way of his
    Complaint, and that the Illinois Pollution Control Board award TNT LOGISTICS
    NORTH AMERICA INC. all relief just and proper in the premises.
    AFFIRMATIVE DEFENSE
    For its affirmative defense to Complainant's Complaint, TNT states as follows:
    l.
    TNT
    operates the Facility in order to warehouse and distribute tires.
    2.
    Trucks deliver trailers of tires to the Facility.
    3.
    TNT
    does not own or operate these trucks.
    4.
    Trucks also transport trailers of tires from the Facility.
    5.
    TNT
    does not own or operate these trucks.
    6.
    Complainant in part appears to allege that noise from these trucks, which
    TNT does not own or operate, has, at Complainant's property, violated the numeric noise
    limitations cited by Complainant in paragraph five of his Complaint.
    7.
    TNT has no evidence that this is the case.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005
    8.
    However, if this is the case, such alleged violations relating to trucks
    which TNT does not own or operate do not constitute violations of the numeric noise
    limitations by TNT.
    WHEREFORE,
    Respondent TNT LOGISTICS NORTH AMERICA INC., by its
    attorneys HODGE DWYER ZEMAN, prays that the Illinois Pollution Control Board find
    in favor of TNT LOGISTICS NORTH AMERICA INC. on this Affirmative Defense, that
    Complainant take nothing by way of his Complaint, and that the Illinois Pollution Control
    Board award TNT LOGISTICS NORTH AMERICA INC. all relief just and proper in the
    premises.
    Respectfully submitted,
    TNT LOGISTICS NORTH
    AMERICA INC.,
    ondent,
    By:/s/ Thomas G. Saflev
    One of Its Attorneys
    Dated: August 22, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/Answer - Medema
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 22, 2005

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