State
of
Illinois
POLLUTION CONTROL BOARD
JAMES
R.
THOMPSON CENTER
100 W.
RANDOLPH STREET, SUITE
11-500
CHICAGO,
ILLINOIS
60601
FORMAL COMPLAINT
RECEfl/ED
CLERKS
OFFICE
JUN27
2005.
STATE OF ILLINOIS
Pollution
Control Board
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
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Note: If you do not use this formal complaint form and instead draft and
type your own, it must
contain all ofthe information requested by this
form.
All items must be completed.
Ifthere is
insufficient space to complete any item, you may attach additional
sheets, specifying the number
of the item you
are completing.
Once completed, you must file the original and nine copies of
the formal complaint, notice to
respondent, and certificate ofservice with the Clerk of the Board
at the above address.
Kenneth
E. Medema,
Jr.
6603 Lakeview Lane
Monee,
Illinois
60449
(Insert your name(s) on
lines
above),
Complainant(s),
V.
TNT Logistics
25850
S. Ridgeland Ave.
Monee,
Illinois
60449
PH:
708—534—9125
PCB
C)
5
-?-~-~
(For Board use)
(Insert
name(s) ofalleged polluter(s)
on lines above),
Respondent(s).
I.
Your name, street address,
county, state:
2.
Place where you can be
contacted during normal
business hours (ifdifferent
from above):
Kenneth
E. Medema,
Jr.
6603 Lakeview Lane
Monee,
Illinois
60449
Will County
Phone:
708—534—6618
Same as Above
Cell #708—906—4085
Work #708—534—3759
3.
Name and address ofrespondent
(alleged polluter):
Phone:
*
TNT Logistics
25850
5. Ridgeland Ave.
Monee,
Illinois
60449
Phone:
(if known)
708—534—9125
4.
Describe the type ofbusiness or activity that you allege is causing or allowing pollution
(e.g.,
manufacturing company, home repair shop) and give the address ofthe pollution
source if’different than the address above:
Warehouse
/
Distribution Center
5.
List specific sections ofthe Environmental Protection Act, Board regulations, Board
order, orpermit that you allege have been or are being violated:
901—102,
901—103,
901—104,
901—106
6.
Describe the type ofpollution that
you allege
(e.g.,
air, odor, noise, water, sewer back-
ups, hazardous waste)
and the location ofthe alleged pollution.
Be
as specific as you
reasonably can in
describing the alleged pollution:
Noise
—
Excessive at all hours of
the
night.
Horns,
Loud
Speakers,
Engine
Breaking,
Dock
Plate
Noises,
Hooking
Transfers,
Air Horns,
Air
Brakes.
7.
Describe the duration and frequency ofthe alleged pollution.
Be as specific as you
reasonably can about when you first noticed the alleged pollution, how frequently it
occurs, and
whether it is still continuing (include seasons ofthe year, dates, and
times of
day if known):
The Alleged Noise Pollution occurs at various times
of
the night and
day,
and can last for a short period of time or for awhile depending on the
activity of
the facility.
This problem started as
soon as they moved into
the plant at which time they operated around
the clock,
7 days a week.
The noise
is an aggravation
to
the residence,
especially when
it occurs
during the night time hours and wakes up our children.
It seems that the plant
although they say they want to
be
a GOOD NEIGHBOR,
lust really does
not care about the people that they are next
to,
yet
the noise still
continues.
8.
Describe any bad
effects that
you
believe the alleged pollution
has or has had on human
health,
on plant or animal life, on the environment, on
the enjoyment oflife or property,
or on any
lawful business or activity:
We use to be able
to
sit on our decks at night and look at
the stars
and just plain relax.
Now we hear BANG,
BANG,
BANG of
the truck
docks and trucks.
This has really affected the quality of life
and how we moved out here five years ago.
9.
Describe the relief that
you seek
from the Board
(e.g.,
an order
that the respondent stop
polluting, takepollution abatement measures, perform a cleanup, reimburse cleanup costs,
change its
operation, or pay a civil penalty (note that the Board cannot order the
respondent to pay your attorney fees
or any out-of-pocket expenses
that you incur by
pursuing an
enforcement action)):
We
would
seek
from
the
board
a
decision
*to
have
this
facility
change
its hours of operations
as
to not interfere with the quality
of life
of
the adjacent neighbors.
We would also seek to have the facility plant
2
—
3
rows
of
pine
trees,
high
enough to help absorb
the
SOULLdS
on top
of
the berm on both sides of
the fence.
10.
Identify any identical or substantially similar case you know ofthat is already pending
before the Board or in
another forum against this
respondent for the same alleged
pollution (note that you need not include any complaints made to the Illinois
Environmental Protection Agency or any unit oflocal government):
NONE
11.
State whether you are representing (a) yourself as an individual or (b) your
unincorporated sole proprietorship.
Also, state whether you are an attorney and, if so,
whether you are licensed and registered to practice law in Illinois.
(Under Illinois law, an
association, citizens group, unit oflocal government, or corporation must be represented
before the Board by an attorney.
Also, an individual who is
not an attorney cannot
represent another individual or other individuals before the Board.
However, an
individual who is not an attorney is allowed to represent (a) himself or herselfas an
individual or (1,) his orher unincorporated sole proprietorship, though the individual may
prefer having attorney representation.):
12.
Mv~.o1f
~
a Home Owner
Kenneth
E.
Medema,
Jr.
,onoath or
the foregoing and that it is accurate to the best ofmy
My commission expires:~?J
f~I
~
CERTIFICATION (optional but encouraged)
1,
Subscribed to
and sworn before me
this
20th
day
of
June
.
20 05
ORIGiN AL
CERTIFICATE OF SERVICE
RECE
WED
CLERK’S OFFICE
JUN
272005
STATE OF ILLINOIS
Pollution Control Board
I,
the undersigned, on oath or affirmation, state that on (month, day, year)
~J~Lr\O2~’
~
I served the attached formal complaint and notice on the
respondent by:
(check appropriate line)
X
certified mail (attach copy ofreceipt if available, otherwise you must file
receipt later with Clerk)
_____
registered mail
(attach copy ofreceipt if available, otherwise
you must file receipt later with Clerk)
_____
messenger service (attach copy ofreceipt if available, otherwise you must
file receipt later with Clerk)
______
personal service (attach affidavit if available, otherwise
you
must file affidavit later with Clerk)
at the address below:
RESPONDENT’S ADDRESS:
Name
TNT Logistics
Street
25850
S.
Ridgeland
Ave.
LFI,
Inc
ATTN: Mr. Martin Burke
9440 Enterprise Dr.
Mokena,
Illinois
60448
City, state,
zip
code
Monee, Illinois
60449
(list each respondent’s name
and
address ifm,,~pes
e
ts)
Complain
Street
3
eview
Lane
City, state, zip code
Subscribed to
and sworn before me
~Kenneth
Monee, Illinois
60449
E. Medema,
Jr.
this
20th
day
of
june
Notary Public
Mycommission expires:
April
19.
2008
NOTICE TO RESPONDENT
NOTE:
THIS STATEMENT MUST BE INCLUDED IN THE
SERVICE OF THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that
today
I
filed
with the Clerk ofthe Illinois Pollution Control
Board
(Board)
a formal complaint, a copy ofwhich
is served on you along with this
notice.
You may
be required to attend
a hearing on a date set by the Board.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act)
(415
ILCS
5/1 et seq.)
and the Board’s
procedural rules
(35
Ill. Adm. Code
101
and
103).
These can be accessed at the Board’s Web site
(www.ipcb.state.il.us). The following is a summaryofsomeofthe mostimportant points in the
Act and the Board’s procedural rules.
It is provided for
general informational purposes onlyand
does not constitute legal advice or substitute for the provisions of any statute, rule, or regulation:
Board Accepting Formal Complaint for Hearing; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it is
either “duplicative” or
“frivolous”
within the meaningofSection 3 1(d) of the Act(415 ILCS
5/31(d)) and Section’l01.202 of the Board’s procedural rules
(35
Ill. Adm. Code 101.202).
“Duplicative” means that an identical or substantially similar case is already pending before the
Board or in
court.
See
35
III. Adm.
Code 103.2 12(a) and item
10 of the formal complaint.
“Frivolous” means that the formal complaint seeks relief that the Board does not have the
authority
to grant, or fails to state a cause ofaction upon which the
Board
can grant relief.
For
example, theBoard
has
the authority to order a respondent to
stop polluting and pay a civil
penalty, to implement pollution abatementmeasures, orto perform a cleanup or reimburse
cleanup costs. The Board does nothave the authority, however, to award attorney fees to a
citizen complainant.
See
35
111. Adm. Code 103.212(a) and items
5
and
9 oftheformal
complaint.
Ifyou believe that this formal complaint is duplicative or frivolous, you may file a
motion with the Board,
within 30 days after the date you were served
withthe complaint,
requesting
that the Board not accept the complaint for hearing.
The motion must state the facts
supporting
your beliefthat the complaint
is duplicative or frivolous.
Memoranda, affidavits,
and
any other relevant documents may accompany the motion.
If you need more time than 30 days
to file a motion alleging that the complaint
is duplicative or frivolous, you must file a motion for
an extension oftime within 30 days after service ofthe complaint.
A motion
for an
extension of
time must state why you needmore
time and the amount ofadditional time you need.
Timely
filing a motion alleging that the complaint is duplicative or frivolous will
stay
the 60-day period
for filing an
answer to
the complaint.
See 35
III. Adm. Code
103.204,
103.212(b).
SENDER:
COMPLETE THIS SECTION
•
Complete items 1, 2,
and 3. Also complete
item 4 If Restricted Delivery is desired.
•
Print your name and address on the reverse
so that we can
return the card to you.
•
Attach this card to the back of the mailpiece,
or on the front if space permits.
1.
Article
Addre
sed to:
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,‘~1tl’
2.
ArtIcle Number
(Transfer from service label)
A.
Sig
Addressee
.B,~Received by
(Printed Name)
C.
Date of
Delivery
tchC~hr
I
~u
D.
Is delivery address~diffQrerc~
fromJ~em17’
D Y~s
If YES,
enter de~Jvery
address belaw~
0
No
*
7
3.
rvlce
Type
Certified
Mall
0
RegIstered
o
Insured Mall
U.S.
Postal Service
CERTIFI
•AIL RECEIPT
(Domestic Mai
iiyj7~’o
Insurance Coverage Provided)
fiRt Aflfl PA
~
60462
-
-
Postsge
$
0.83
UNIT
ID:
0449
Certified
Fee
Return Receipt
Fee
(Endorsement Required)
2
1.75
Postmark
Here
Restricted Delivery
Fee
(Endorsement Required)
Clerk
1
~
Total Postage
&
Fees
$
4.88
06/22/05
SentTo
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Express
Mail
o
Return
ReceIpt for Merchandise
o
C.O.D.
PS
Form
3811,
February 2004
Domestic Return
Receipt
4.
RestrIcted
Delivery?
(Extra Fee)
0 Yes
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