THIS FILING SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ROBERT F. KASSELA JR. and
    )
    KELLIE R. KASSELA,
    )
    )
    Complainants ,
    )
    )
    v.
    )
    PCB No. 06-001
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    I
    N
    C
    .
    ,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    TO:
    Ms. Dorothy M. Gunn
    Bradley P. Halloran, Esq.
    Clerk of the Board
    Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    100 West Randolph Street
    Suite 11-500
    Suite 11-500
    Chicago, Illinois 60601
    Chicago, Illinois 60601
    (VIA ELECTRONIC MAIL)
    (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
    COMPLAINANTS’ COMPLAINT,
    copies of which are herewith served upon you.
    Respectfully submitted,
    TNT LOGISTICS NORTH
    AMERICA INC.,
    Respondent,
    By:/s/ Thomas G. Safley
    Dated: August 26,2005
    One of Its Attorneys
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, hereby certify that I have served the
    attached ENTRY OF APPEARANCE OF EDWARD W. DWYER, ENTRY OF
    APPEARANCE OF THOMAS G. SAFLEY, and RESPONDENT’S ANSWER AND
    AFFIRMATIVE DEFENSE TO COMPLAINANTS’ 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 26, 2005; and upon:
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Mr. Robert F. Kassela, Jr.
    Ms. Kellie R. Kassela
    6610 Lakeview Lane
    Monee, Illinois 60449
    by depositing said documents in the United States Mail, postage prepaid, in Springfield,
    Illinois on August 26, 2005.
    /s/ Thomas G. Safley
    Thomas G. Safley
    TNTL:002/Fil/NOF-COS – Answer – Kassela
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ROBERT F. KASSELA JR. and
    )
    KELLIE R. KASSELA,
    )
    )
    Complainants ,
    )
    )
    v.
    )
    PCB No. 06-001
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    I
    N
    C
    .
    ,
    )
    )
    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 26, 2005
    Edward W. Dwyer
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/EOA-EWD-Kassela
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ROBERT F. KASSELA JR. and
    )
    KELLIE R. KASSELA,
    )
    )
    Complainants ,
    )
    )
    v.
    )
    PCB No. 06-001
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    I
    N
    C
    .
    ,
    )
    )
    Respondent.
    )
    ENTRY OF APPEARANCE OF THOMAS G. SAFLEY
    NOW COMES Thomas G. Safley, o f 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 26, 2005
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    TNTL:002/Fil/EOA-TGS-Kassela
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ROBERT F. KASSELA JR. and
    )
    KELLIE R. KASSELA,
    )
    )
    Complainants ,
    )
    )
    v.
    )
    PCB No. 06-001
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    I
    N
    C
    .
    ,
    )
    )
    Respondent.
    )
    RESPONDENT’S ANSWER AND AFFIRMATIVE
    DEFENSE TO COMPLAINANTS’ COMPLAINT
    NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.
    (“TNT”), by its attorneys HODGE DWYER ZEMAN, and for its Answer and
    Affirmative Defense to Complainants’ Complaint, states as follows:
    ANSWER
    1.
    TNT has insufficient information to admit or deny the allegations
    contained in paragraph one of Complainants’ Complaint, and therefore denies the same.
    2.
    TNT has insufficient information to admit or deny any allegations
    contained in paragraph two of Complainants’ Complaint, and therefore denies the same.
    3.
    TNT admits that it operates a facility at the address and telephone number
    identified by Complainants in paragraph three of Complainants’ Complaint (“Facility”).
    To the extent that paragraph three of Complainants’ Complaint contains any further
    factual allegations, TNT denies the same.
    4.
    In response to paragraph four of Complainants’ Complaint, TNT admits
    that its Facility conducts warehousing and distribution activities. To the extent that
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    2
    paragraph four of Complainants ’ Complaint conta ins any further factual allegat ions, TNT
    denies the same.
    5.
    Paragraph five of Complainants’ Complaint states a legal conclusio n that
    does not call for a response. To the extent that paragraph five of Complainants’
    Complaint contains any factual allegations, TNT denies the same. TNT further
    specifically denies that it has vio lated the numeric no ise limitations referenced in
    paragraph five of Complainants’ Complaint.
    6.
    TNT denies that any alleged activities referenced in paragraph six of
    Complainants’ Co mplaint const itut e “pollut ion” or have resulted in t he vio lat ion o f any
    of the numeric no ise limitations referenced in paragraph five o f Co mplainants’
    Complaint. To the extent that paragraph six of Complainants’ Complaint contains any
    further factual allegations, TNT denies the same.
    7.
    TNT denies the first and second sentences of paragraph seven of
    Complainants’ Co mplaint. TNT further affir matively states that it has no infor mat ion
    regarding when, if at all, any alleged no ise emissio ns fro m its Facilit y allegedly would
    have been emitt ed to Complainants’ property. Thus, TNT has insufficient infor mation to
    admit or deny the allegations contained in the third and fourth sentences o f paragraph
    seven of Complainants’ Complaint, and therefore denies the same. To the extent that
    paragraph seven of Complainants’ 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 Complainants’ Complaint, and therefore denies the same.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    3
    9.
    TNT denies that Complainants are entit led to the relief they request in
    paragraph nine of Complainants’ Complaint. To the extent that paragraph nine of
    Complainants’ Co mplaint conta ins any factual allegations, TNT denies the same.
    10.
    TNT has insufficient information to admit or deny any allegations
    contained in paragraph 10 of Complainants’ Complaint, and therefore denies the same.
    11.
    TNT has insufficient information to admit or deny any allegations
    contained in paragraph 11 of Complainants’ Complaint, and therefore denies the same.
    12.
    TNT has insufficient information to admit or deny any allegations
    contained in paragraph 12 of Complainants’ Complaint, and therefore denies the same.
    WHEREFORE, Respondent TNT LOGISTICS NORTH AMERICA INC., by its
    attorneys HODGE DWYER ZEMAN, prays that Complainants take nothing by way o f
    their Complaint, and that the Illinois Pollution Control Board award TNT LOGISTICS
    NORTH AMERICA INC. all relief just and proper in the premises.
    AFFIRMATIVE DEFENSE
    For its affirmat ive defense to Complainants’ Co mplaint, TNT states as fo llows:
    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.
    6.
    Complainants 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 Co mplainants in paragraph five of t heir Complaint.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005
    4
    7.
    TNT has no evidence that this is the case.
    8.
    However, if this is the case, such alleged violations relating to trucks
    which TNT 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
    Complainants take nothing by way of their Complaint, and that the Illinois Pollution
    Control Board award TNT LOGISTICS NORTH AMERICA INC. all relief just and
    proper in the premises.
    Respectfully submitted,
    TNT LOGISTICS NORTH
    AMERICA INC.,
    Respondent,
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    Dated: August 22, 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/Answer - Kassela
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 26, 2005

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