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ILLINOIS POLLUTION CONTROL BOARD
January 4, 2007
VINCENT and JENNIFER NERI,
Complainants,
v.
TNT LOGISTICS NORTH AMERICA INC.,
Respondent.
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PCB 05-213
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On December 14, 2006, all parties, including the parties in the related PCB 05-212,
PCB 05-216, and PCB 05-217 matters, 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, filed June 17, 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 intention 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,
reflecting the same concerns.
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.
of PCB 05-212.
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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
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 2005-213
Edward Dwyer
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2005-213
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2005-213
TNT Logistics
2850 S. Ridgeland Avenue
Monee, IL 60449
PCB 2005-213
Vincent & Jennifer Neri
6530 Lakeview Lane
Monee, IL 60449
