RECEIVED
CLERK’S OFFICE
OCT
25
2005
STATE OF ILLINOIS
Pollution
Control Board
AFFIRMATIVE DEFENSE RESPONSE
Wayne Haser
Complainant
PCI) 05-2 16
(Enforcement
—
Noise)
Vs.
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
100 West Randoif Street
100 West Randoif Street
Suite 11-500
Suite 11-500
Chicago, Illmois 60601
Chicago, illinois 60601
(SENT VIA CERTIFIED MALL TO MS. DOROTHY M. GIJNN)
Please take notice that 1, Wayne Haser, bave filed with the Office of the Clerk of the Illinois Pollution
Control Boarda Coxtplainants’ Response to the Affirmative Defense to the Respondent’s Answers.
Respectfully submitted,
Complainant
Dated: October 24, 2005
Wayne Haser
25763 Wiilowcreek Lane
Monee, Illinois 60449
708-534-3518
AFFIRMATIVE DEFENSE
RESPONSES
FROM WAYNE HASER
October 24, 2005
1)TNT does operate their facility in order
to warehouse
and distribute tires, which requires truck and trailer
movements creating excessive noise in the process.
2)Vehicles contracted by TNTare plcking up and delivering tires to this facility 24
hours a day/7 days a
week creating excessive noise intheir process.
3)Although TNT does not own or operate many of the tnicks or trailers coming and going from their
facility, they do
own
the facility and property
from
which the noise is being emitted. Moreover; TNT does
own and operate a spotter tractor that is operatingconstantly day and night moving trailers from dropped
locations toand from their loading docks creating excessive noise
(in
additiontotheir contracted carriers
creating noise and disruption).
4)Trucks are picking up and delivering tires from the TNT warehouse24 hours per day/7 days a week
creating noise that is emitted from their facility continually.
5)TNTdoes not own
nor operate all ofthe delivery and pick-up vehicles coming and going from their
facility, but their contracted carriers create excessive noise
from
their facility,
which they
do
own and
operate.
6)TNTdoes own the facility and property
in question
from which the noise is being emitted
The noise is
being emitted over andpast the boundaries of their property into
residential property. Stated in
The
Enviromnental ProtectIon Act, Title VI: Noise~Sec.24. No person shall emit beyond the boundaries ofhis
property any noise that unreasonably interibres with the enjoyment of life or any lawful business or
activity, so as to violate any regulation or standard adopted by the Boardunder this Act.
7)As acomplainant,
I hold sufficient evidence to uphold my allegations. In addition to signed complaints
and Assigned Case Numbers filed
in
Will County with the Will County Sheriffs’ Departmentover a long
and continuous period of time, in hand are the results of sound study conducted by
Roger Harmon, a BSEE,
PE
-
Noise EngineerandDr. Tom Thunder, a AuD,
FAAA, INCE
-
expert in audiology and acoustics,
both working forAcoustic Associates, Ltd.. This study clearly illustrates noise violation
by TNT in
accordance withVillage ofMonee sound ordinance regulations. In addition to flit noise created at TNT
exceeding Monee villageordinance sound levels, the study confirms violation
of
State levels as well.
Reports, Case
No.
‘s, and Will County Sheriffs Department information available upon request andon file
with that department
8)Stated in
The
Environmental Protection Act Title VI: Noise,
Sec.24.
.
.
.No
person shall emit beyond the
boundaries of hisproperty any noise that unreasonably interferes with the enjoyment of life nor with any
lawful business
or activity,
so as
to
violateany regulation or standard adopted by the Hoard under this Act
I have supplied sufficient data andinformation to support
my
claim that
The
Environmental Act, Title VI:
Noise, Sec.24 & Sec.25 is being
violated by
this TNT
Warehouse.
Re
tflilly Submitted,
Complainant
