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ILLINOIS POLLUTION CONTROL BOARD
January 4, 2007
JOHN and LINDA MARACIC,
Complainants,
v.
TNT LOGISTICS NORTH AMERICA INC.,
Respondent.
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PCB 05-212
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On December 14, 2006, all parties, including the parties in the related PCB 05-213,
PCB 05-216, and PCB 05-217 cases, participated in a telephonic status conference with the
hearing officer. The complainants made an oral motion to cancel the hearing previously scheduled
for December 18, 19, and 20, 2006. Complainants represented that they recently became aware
that their complaint, June 10, 2005, only alleged a numeric noise violation under the Board’s
numeric noise regulations: Section 901.102; Section 901.103; Section 901.104; and Section
901.106. Complainants represented that their intentions then and now was that they wanted to
include a Section 900.102 nuisance violation in their complaint. Complainants argued that to
proceed with the previously scheduled hearing would be a waste of time and resources.
Complainants filed a written motion to cancel on December 14, 2006.
Respondent objected to the motion to cancel the hearing and represented that it was ready
to proceed to hearing.
The complainants were made aware of their omission as early as September 1, 2005, where
the Board’s order clearly set forth the alleged violation. Additionally, the complainants were
informed and reminded by the hearing officer a plethora of times during the numerous telephonic
status conferences that their complaint only alleged a numeric noise violation.
Nevertheless, the complainants’ motion was granted and the hearing was cancelled. The
hearing officer found that the complainants could possibly be materially prejudiced if the hearing
was to go forward and that in the interests of administrative efficiency, the hearing must be
cancelled.
The complainants were directed to file leave to file an amended complaint and the amended
complaint on or before January 5, 2007. Respondent to timely file its response.
The parties or their legal representatives are directed to participate in a telephonic pre-
hearing conference with the hearing officer on February 1, 2007, at 12:00 p.m. The telephonic
status conference must be initiated by the complainants, but each party is nonetheless responsible
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for their own appearance. At the status conference, the parties must be prepared to discuss the
status of the above-captioned matter and their readiness for hearing.
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
January 4, 2007, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on January 4, 2007:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312/814-8917
PCB 2005-212
Edward Dwyer
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2005-212
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2005-212
John and Linda Maracic
6512 Lakeway Drive
Monee, IL 60449
PCB 2005-212
TNT Logistics
2850 S. Ridgeland Avenue
Monee, IL 60449
