AFFIRMATIVE DEFENSE RESPONSE
    9C!~EIVED
    DCI 272095
    John & Linda Maracic
    Pollution
    STATE
    OF
    ControlILLINQI5Board
    Complainant
    Vs.
    PCB
    05-212
    (Citizens Enforcement
    —
    Noise)
    TNT Logistics North America Inc.
    Respondent
    To: Ms. Dorothy M. Gunn
    Bradley P. Halloran, Esq.
    Clerk of the Board
    Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    too
    West Randolph Street
    too West Randolph Street
    Suite
    11-500
    Suite
    11-500
    Chicago, Illinois 6o6oi
    Chicago, Illinois 6oooi
    (SENTVIA
    CERTIFIED
    MAIL
    TO MS. DOROThY M.
    GUNN)
    Please take notice that We, John & Linda Maracic, have filed with the
    Office of the Clerk of the Illinois Pollution Control Board a
    Complainants’ Response to the Affirmative Defense to the
    Respondent’s Answers.
    Respectfully submitted,
    John & Linda Maracic
    Complainants’
    Dated: October
    20, 2005
    John & Linda Maracic
    6512
    Lakeway Drive
    Monee, Illinois 60449
    708-534-7587
    RECEIVED
    CLERKS OFFICE
    OCT 272005
    STATE OF ILLINOIS
    Pollution Control Board
    AFFIRMATIVE
    DEFENSE
    ANSWERS FROM
    TNT LOGISTICS NORTH AMERICA INC.
    1.
    TNT operates the Facility in order to warehouse & distribute
    tires.
    2. Trucks deliver trailers of tires to the Facility.
    ~.
    TNT
    does not own or operate these trucks.
    4. Trucks also transport trailers of tires from the Facility.
    ~.
    TNT
    does not own or operate these trucks.
    6. Complaints in part appear to allege that noise from these
    trucks, which TNT does not own or operate, has, at
    Complainants’ property, violated the numeric noise limitations
    cited by Complainants in paragraph five of their complaint.
    ~.
    TNT has no evidence that this is the case.
    8. However, ifthis is the case, such alleged violations relating to
    trucks whiëh TNT does not own or operate do not constitute
    violations of the numeric noise limitations by TNT.
    1.
    TNT does operate the Facility in order to warehouse &
    distribute tires & in order to do so trucks & trailers are moved
    around the property making excessive noise when doing so.
    2.
    Trucks are delivering trailers of tires to the Facility on a
    24
    hour a day/7 day a week basis making excessive noise while
    doing so.
    3. Although TNT does not own or operate the trucks or trailers,
    they do own the Facility & the property where the noise is being
    emitted
    from.
    Also, TNT does own & operate the toter truck that
    is used on a constant basis moving the trailers to & from the
    loading docks for loading & unloading.
    4. Trucks are transporting trailers oftires from the Facility on a
    24
    hour/7 day a week basis making excessive noise while doing so.
    ~.
    Although TNT does not own or operate the trucks or trailers,
    they do own the Facility & the property from which the trucks &
    trailers are leaving from & in the process of doing so excessive
    noise is being emitted from the Facility on a constant basis.
    6. TNT does own the Facility & the property from which the noise
    is being emitted from. The noise is being emitted over the
    boundaries of their property into residential property. This is
    stated in The Environmental Protection Act, Title VI: Noise,
    Sec.
    24.
    No person shall emit beyond the boundaries of his
    property any noise that unreasonably interferes with the
    enjoyment of life or anylawful business or activity, so as to
    violate any regulation or standard adopted by the Board under
    this Act.
    7. We, the Complainants’, haye sufficient evidence to uphold our
    alleged allegations. We have a sound study which was
    conducted by Roger Harmon, a BSEE, PE
    —
    noise engineer &
    Dr. Tom Thunder, a AuD, FAAA, INCE
    -
    expert in audiology &
    acoustics, both working for Acoustic Associates, Ltd. This study
    clearly shows a noise violation by TITI’ according to the Village
    of Monee’s’ sound ordinance. As well as the noise exceeding
    Monee’s’ ordinance levels, it also exceeds the State of Illinois’
    levels. Besides the sound results, TNT is in violation of the
    Environmental Protection Act, Title VI: Noise, Sec.
    23.
    . .
    .It is
    the purpose of this Title to prevent noise which creates a public
    nuisance. Also, to uphold our alleged allegations we have police
    reports which were done by the Village of Monee over a two
    week basis stating that there is sufficient & excessive noise
    coming from TNT.
    8. Stated in The Environmental Protection Act, Title VI: Noise,
    Sec.
    24.
    ..
    .No person shall emit beyond the boundaries of his
    property any noise that unreasonably interferes with the
    enjoyment of life or with any lawful business or activity, so as to
    violate any regulation or standard adopted by the Board under
    this Act. We, the Complainants’, fully stand behind our
    allegations & feel that The Environmental Act, Title VI: Noise,
    Sec.
    24
    & Sec.
    25
    are being violated by TNT.
    Respectfully
    submitted,
    John & Linda Maracic,
    Complainants’

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