AFFIRMATiVE
    DEFENSE RESPONS~ECEIVED
    CLERKS OFFICE
    OCT
    272005
    Vincent & Jennifer Neri
    STATE OF
    ILLINOIS
    Poflution Control Boarc
    Complainant
    Vs.
    PCB
    05-213
    (Citizens Enforcement
    —
    Noise)
    TNT Logistics North
    America
    Inc.
    Respondent
    To:
    Ms. Dorothy M. Gunn
    Bradley P. Halloran, Esq.
    Clerk of the Board
    Hearing Officer
    Iffinois Pollution Control Board
    Illinois Pollution Control Board
    100
    West Randolph Street
    100
    West Randolph Street
    Suite
    11-500
    Suite
    11-500
    Chicago, Illinois 6o6oi
    Chicago, Illinois oo6oi
    (SENT
    VIA CERTIFIED
    MAIL
    TO MS. DOROTHY M.
    GUNN)
    Please take notice that We, Vincent
    & Jennifer Neri, have filed with
    the Office of the Clerk ofthe Illinois Pollution Control Board a
    Complainants’ Response to the Affirmative Defense to the
    Respondent’s Answers.
    Respectfully submitted,
    Vincent & Jennifer Neri
    Complainants’
    Dated: October
    20, 2005
    Vincent & Jennifer Ned
    6530 Lakeview Lane
    Monee, Illinois 60449
    708-534-6257
    RECEIVED
    CLERKS OFFICE
    OCT
    27
    2005
    STATE OF lLLlNOI~
    Pollution Control
    Bo~rr
    AFFIRMATWE
    DEFENSE
    ANSWERS
    FROM
    TNT LOGISTICS NORTH AMERICA INC.
    i.
    TNT operates the Facility in order to warehouse & distribute
    tires.
    2.
    Trucks deliver trailers oftires to the Facility.
    3.
    TNT does not own or operate these trucks.
    4.
    Trucks also transport trailers oftires from the Facility.
    ~.
    TNT does not own or operate these trucks.
    6.
    Complaints 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 Complainants in paragraph five of their complaint.
    ~.
    TNT has no
    evidence that this is the case.
    8.
    However, ifthis 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.
    AFFIRMATIVE
    DEFENSE RESPONSES FROM
    VINCENT &
    JENNIFER
    NERI
    1.
    TNT does operate the Facility in order to warehouse &
    distribute tires & in order to do so trucks & trailers are moved
    aroundthe property making excessive noise when doing so.
    2.
    Trucks are deliveringtrailers of fires to the Facility on a
    24
    hour a day/7 day a week basis making excessive noise while
    doing so.
    3.
    Although TNT does not own or operate the trucks or trailers,
    they do own the Facility & the property where the noise is being
    emitted from. Also, TNT does own & operate the toter truck that
    is used on a constant basis moving the trailers to & from the
    loading docks for loading & unloading.
    4.
    Trucks are transporting trailers of tires from the Facility on a
    24
    hour/7 day a week basis making excessive noise while doing so.
    jj.
    Although TNT does not own or operate the trucks or trailers,
    they do own the Facility & the property from which the trucks &
    trailers are leaving from
    & in the process of doing so excessive
    noise is being emitted from the Facility on a constant basis.
    6.
    TNT does own the Facility & the property from which the noise
    is being emitted from. The noise is being emitted over the
    boundaries oftheir property into residential property. This is
    stated in The Environmental Protection Act, Title VI: Noise,
    Sec.
    24.
    No person shall emit beyond the boundaries of his
    property any noise that unreasonably interferes with the
    enjoyment of life or any lawful business or activity, so as to
    violate any regulation or standard adopted by the Board under
    this Act.
    7.
    We, the Complainants’, have sufficient evidence to uphold our
    alleged allegations.
    We have a sound study which was
    conducted by Roger Harmon, a BSEE, PE
    -
    noise engineer &
    Dr. Tom Thunder, a AuD, FAAA, INCE
    -
    expert in audiology
    &
    acoustics, both working for Acoustic Associates, Ltd. This study
    clearly shows a noise violation by TNT according to the Village
    of Monee’s’ sound ordinance. As well as the noise exceeding
    Monee’s’ ordinance levels, it also exceeds the State of Illinois’
    levels. Besides the sound results, TNT is in violation of the
    Environmental Protection Act, Title VI: Noise,
    Sec.
    23.
    ...It is
    the purpose of this Title to prevent noise which creates a public
    nuisance.
    Also, to uphold our alleged allegations we have police
    reports which were done by the Village of Monee over a two
    week basis stating that there is sufficient & excessive noise
    coming from TNT.
    8.
    Stated in The Environmental Protection Act, Title VI: Noise,
    Sec.
    24.
    .
    .
    .No person shall emit beyond the boundaries of his
    property any noise that unreasonably interferes with the
    enjoyment of life or with anylawful business or activity, so as to
    violate any regulation or standard adopted by the Board under
    this Act. We, the Complainants’, fully stand behind our
    allegations & feel that The Environmental Act, Title VI: Noise,
    Sec.
    24
    & Sec.
    25
    are being violated by TNT.
    Respectfully
    submitted,
    Vincent & Jennifer Neri,
    Complainants’

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