RECEIVED

CLERK’S F~fl~

F:\CLIENTS\L T D-noise\Pleadings\Notion-101.520-supp.wpd

S1 ~ 1 5

September 12, 2003

ILLINOIS POLLUTION CONTROL BOARD

p~

~IN~rd

KAREN & ANTHONY ROTI, et al,

)

)

Complainants,

)

)

v.

)

PCB99-19

)

(Enforcement

-

Noise

-

Citizens)

LTD COMMODITIES,

)

)

Respondent,

)

FOR RECONSIDERATION AND MODIFICATION AND STAY

Respondent, LTD Commodities, Inc., by its attorneys, Baizer & Kolar, P.C., moves the

Illinois Pollution Control Board (“PCB”) to allow it to supplement its section 10 1.520 motion for

reconsideration and modification. In support ofthis motion, LTD states as follows:

1.

Cycle Logistics operates the yard tractor at LTD Commodities.

2.

On September

9,

2003, LTD’s attorney, Joseph E. Kolar, received an email from Jack

Voigt ofLTD regardingCycle’s refusal to disconnect the backup beeperon the yard tractor. (Ex. A).

Mr. Kolar immediately requested that Mr. Voigt have Cycle put its position in a letter. Attached as

exhibit B is the letter prepared by Cycle.

3.

In its motion for reconsideration filed on August 28, 2003, LTD argued that it was

unsafe to disconnect the backup beeper during day time hours.

($~

LTD’s motion, pars. 14-19).

Thus, permitting LTD to supplement its motion with the attached letter from Cyclewill not prejudice

Complainants or cause any delay ofthese proceedings.

---

WHEREFORE, LTD respectfully requests that the PCB grant this motion and accept the

attached September 10, 2003, letter from Cycle as an additional exhibit in support ofLTD’s motion

for reconsideration and modification and stay.

LTD Commodities

By_____________

~ph

~.

Kolar, one Of Its Attorneys

ATTORNEYS FOR RESPONDENT

BAIZER & KOLAR, P.C.

513 Central Avenue, ~ Floor

Highland Park, IL 60035

847-433-6677

Fax:

847-433-6735

2

---

CERTIFICATE OF SERVICE

The undersigned states that on September 12, 2003, he served by FederalExpress fordelivery

on Monday, September

15,

2003, the original and nine copies of the foregoing LTD

COMMODITIES’ MOTION TO SUPPLEMENT ITS SECTION 101.520 MOTION FOR

RECONSIDERATION AND MODIFICATION AND STAY upon the Illinois Pollution Control

Board at the following address:

Ms. Dorothy M. Gunn

Clerk of the Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

and one copy by Federal Express for delivery on September

15,

2003 to the attorney listed below:

Steven P. Kaiser

35 E. Wacker Drive, Suite 1750

Chicago, IL 60601

Jose~1IJE.Ko~ar

3

---

Page 1 of2

Joe Kolar

From:

“Jack Voigt” JVoigt~LTDCommodities.com

To:

“Michael Hara’ MHara@LTDCommodities.com;

“Joe Kolar (E-mail)” Joe@baizlaw.com

Sent:

Tuesday, September 09, 2003 2:16 PM

Subject:

FW: Spotter

Please note Tim Mudd’s response to turning off the audio signal on the

spotter truck.

Original Message

From: Harri Broman

Sent: Tuesday, September 09, 2003 2:04 PM

To: Jack Yoigt

Subject: FW: Spotter

FYI

Original Message

From: Tim Mudd mailto:tmudd~cyc1elogistics.com

Sent: Tuesday, September 09, 2003 2:14 PM

To: ‘Harri Broman’

Cc: ‘Dan Mudd’

Subject: RE: Spotter

Hello Harri,

I spoke to our Attorney, Insurance Carrier, OSHA (anonymously) and the

manufacture about the signal. They all were very emphatic about not

tampering with a safety device. Upon receipt of your e-mail I checked

with Cycle’s Attorney and Insurance Agent and they stated that we are

opening Cycle and LTD up for a huge liability issue.

I am sorry we cannot comply with the request. Cycle is committed to

servicing LTD, however, the exposure is too great. I hope you

understand our position.

From what I understand the “quiet time” is after 10 pm How many moves

E X H I B I T

take place after this time2 Perhaps we should release the spotter at

10pm and have one of our shuttle drivers finish up in Bannockburn and

complete the final moves. What are your thoughts?

Thank you for your continued patronage. If you have questions or would

like to discuss this further, I can be reached at 847-489-2623.

-

9/12/2003

---

Page 2 of 2

Tim Mucid

-Original Message-

From: Harri Broman mailto :FlBroman@LTDCommodities.corn

Sent: Tuesday, September 09, 2003 6:56 AM

To: ‘Tim Mudd’

Subject: Spotter

Hi Tim.

With respect to our need to keep the noise level to a minimum to our

residential neighbors. One thought was to eliminate the back up alarm on

the yard dog, but provide the spotter with a person for safety purposes.

What is Cycle’s feeling on this?

9/12/2003

---

09/10/1)3

WED

10:35

FAX

847 6047768

LTD

COMMODITIES

1~0O2

ag,1e/22lo~ e9:49

ND. E~17 E~E~2

~

LOGISTICS,

LE

INC.

PhOfl~(M2~75~-~OO

Mr.Jack

Voigt

September tO, 2003

Vice ?resident ofDistribution

LTD Commodities

2800 Lakcsidc Dr.

Bannockbw-n, IL 60015

Dear Mr. Voigr,

As per your request, I have done some extensive research to reduce or eliminate the

backing

signal on rho spotting unit atLTD’s 8annockbwn facility. The following is a briefoutline of my

findings:

I.)

The Manufa&urer ofthe OTTO

WA

(spotter)

—

When asked

ifthere is a signal

with sri adjastable volume, they said no. When asked if there is asignal with a

lower volume, they said no and that the decibel level is set by

OSHA.

2.)

Cycle’s insurance Carrier

-.

When asked about adjusting the volume or removing

the signal, Cycle’s Carrier stated that any tampering with a safety device wifl

be

deemed a willful end negligent act and could potentially expose Cycle to a

coverage issqe ifany incident relatedto backing did in fact occur.

3.)

Cycle’s Attorney

—

Alsa stated that anytampering with safety equipment would

~open.

Cycle

up to substantial liabUity~’.

4.)

OSHA

—

Stated that the decibel levels were set at that point because testing

was

done and tone and d~cibe1sutilized were found to be the most effective

with

our

being too loud. The gentleman went on to say that any

lainpering

at all with any

safety device if against OSHA. regulations arid wilt be a flagrant actand will call

for significant fines andpenalties

‘I appreciate

LTD’s concern forthe noise level and the negative impact it has on LTD’s neighbor

relations. However, based on my findings and the emphatic responses I received from e’~’eryoneI

spoke to, Cycle has no choice but to leave the backing signal at its current setting. LTD is a

valued customer and Cycle would like nothing more ~

to make life essier for you and your

team. We are open to other suggestions.

ifyou have any question, I can be reached at 847~489-2623.Thank you foryour continued

pat~~onage.

DISTR1~UTION

-

MESSENGFR

.

TRUCKING

•

WAREHOUSING

•

US. CUSTOMS BONDED

•