BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    Complainant,
    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. 05-217
    (Enforcement - Noise)
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1.00 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,
    Dated: August 18, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNT LOGISTICS NORTH
    AMERICA INC.,
    Respondent,
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    THIS FILING SUBMITTED ON RECYCLED PAPER
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    CERTIFICATE OF SERVICE
    1, Thomas G. Safley, the undersigned, hereby certify that I have served the
    attached ENTRY OF APPEARANCE OF EDWARD W. DWYER, ENTRY O
    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 18, 2005; and upon:
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Mr. Ken Blouin
    6446 Lakeway Drive
    Monee, Illinois 60449
    by depositing said documents in the United States Mail, postage prepaid, in S
    Illinois on August 18, 2005.
    /s/ Thomas G. Safley
    Thomas G. Safley
    field,
    TNTL:002/Fi1/N0F-C0S - Answer - Blouin
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    }
    )
    Complainant,
    )
    v.
    }
    PCB No. 05-217
    }
    (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
    Dated: August 18, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    gfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/FiUE0A:
    EWD-Blouin
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    }
    Complainant,
    }
    v.
    }
    PCB No. 05-217
    }
    (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,
    By:/s/ Thomas G. Safley
    Thomas G. Safley
    Dated: August 18, 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/BOA-TGS-Blouiil
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    )
    Complainant,
    )
    v.
    )
    PCB No. 05-217
    (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:
    contai
    ANSWER
    TNT has insufficient information to admit or deny the allegations
    d 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 warehousing and distribution
    activities. To the extent that
    paragraph four of Complainant's Complaint contains any fu
    denies the same.
    er factual allegations, TNT
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 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
    factual allegations, TNT denies the same.
    7.
    TNT denies the first sentence of paragraph seven of Complainant's
    Complaint. In further response to the first sentence of paragraph seven of Complainant's
    Complaint, TNT affirmatively states that the Facility began warehousing and distribution
    operations on November 22, 2004. T
    further 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
    ficient information to admit or deny the allegations contained in the second sentence
    of paragraph seven of Complainant's Complaint, and therefore denies the same. 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.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    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.
    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
    Camp
    t, and that the Illinois Pollution Control Board award TNT LOGISTICS
    NORTH AMERICA
    relief ust and proper in the premises.
    AFFIRMATIVE DEFENSE
    ive defense to Complainant's Complaint, TNT states as follows:
    1.
    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.
    Complainant in part appears to allege that noise from these trucks, which
    does not own or operate, has, at Complainant's property, violated the numeric noise
    limitations cited by Complainant in paragraph five of his Complaint.
    3
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005
    7.
    TNT has no evidence that this is the case.
    8.
    However, if this is the case, such alleged violations relating to trucks
    which
    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,
    LOGISTICS NORTH
    AMERICA
    INC.,
    Respondent,
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    Dated: August 18, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    gfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/Answer
    - Blouin
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 18, 2005

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