ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 10, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROBERT)", KASSELA, JR
., and
KELLII? R
. KASSELA,
Complainant,
PCB No
. 0tr00l
(F:nforcemexitNt -e
TNT LOGISTICS
NORTH AMERICA, INC.,
Respondent .
1:0 :
his. Dorot
Clerk of the Hoard
Illinois Pollution Control
Hoard
i04 West Randolph St
.
Suite 11-500
Chicago . 11, 60601
M
. Nolan, Mary A . Sullivan
Defendants
Sn
)322-1106
)
Brad
Bearing Officer
Illinois Pollution Cont
Board
100 West Randolph St .
11-500
, IL 60601
PLEASE TAIKI NOHCIE that
with the Office
of the Clerk of the I mi
Expedite Rule an Motion for Leave to Amend
attached hereto and hereby served upon von
.
L0 . 2006, NOLAN LAW OFFICE will file
i Control Board the attached( "Motion to
ter
lies , which are
The i
led attorney cc
hat this ii
is scrv , d
person to whom
d, by p six,_
of
c
addressed to each person above with postage prepaid and I
4V, Jackson Blvd
., Chien'
n February 10, 2006
.
Edward W . tai.
Thomas C . Sat
HODCGE DWY E R
ZEMAN
31 50 Roland Ave.
P.O
. Box 5776
Springfield, Il, 02705
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 10, 2006
'()f L U' )N CON
t
follows :
anal
Itespondelt .
4
LA., by and through their att rneys . NOl r
Co
NOW CON ,l[S the Col I' i
Code Sect
Control Board alleg
is
'OR ENP.Fa)(I El) RULING Oi
1'
,1
512, move for an exp iced r
On July 5, 2005
. Complainants filed their Complaint
violations of 35 RRL Adm
. Code 901 . 102, 901 .103, 901 .104 and
901.106, s
st Responden.
noise pollution emana
lid resulting
horn Respondent's business .
Complainants sought . c c
film their Complau
that IP(C3 would fulfill that role .
S
This document printed on recycled paper
.
Roll
P(,',13
No
. 00-001
(Enforcement Noise)
oiled upon
l)
g counsel,
0
Illinois Adm
e Code 901
.
-ifs req
et
e.
Kid,1 .1C R.
piusuant to 35
lainants, NNJlotion
1
1>0llucion
g
'ised
TNT LOG1ST1
t
NORTH AMERICA,
1
)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 10, 2006
On October 19, 2005, the NO . VN LAW
On December 5, 2005 . Comp
I
as follows :
tplai ii by pleading
iol
Officer Bradloy, Hall rs
ill available remedies and in particular, a hroade e
On December 20,
t
t
addressed ur
tt
I
v
front the Hear g Officer would be ft
This document printed on recycled paper
.
2
her 27, 2015 . Complainants filed their Reply .
No date was scheduled for hearin
135 Ill . Aden . Code 900 .102. avail
>t
01
status lo.,
At that time, Complainants were at
behalf'
filed its Motion It>r cave it)
Amend Complaint, In r rtter,
or in the Alternative to Set a Date CL.
Motion, clearly stati
poll which the motion was made and coanta
ition or relief souuht
.
by and through their attorneys
. seek leave to amend their
sl >i
1); provided under 35 Ill . A(In) . 951 .104
i cy 'Note : 35 ll1 . Adm
. Code 900 .
ably
f
a
02 is not dependent upon utilize 'on
'r of
if decibels. Thus, applicable law does no
e level measurements be obtained to determine whet?
a noise source is
of liance with
1
>2_ In the event
sound pressure level urea .
Its
cuts shall be in
accordance with this report
. However,
f
shaft not he
interpreted so as to require sound pressure leve measurements to determine
whether a n
npliance with 35 111 . Adm . Code 900 .102.)
.I 0 0
i h idearin
Im .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 10, 2006
Code 101 .502 and 35 111 Adm, Code 101
.610(n)
. but no d
hcatrin
Cutup
Motion
Neither does it sc
Section 103.206
applicable herein
.
Cpnapla
undue prejudice, expense and continui
ri hts to remedy as pro
WITEREFORP, Con
'F:LA,
pray for entry
M
. Nolan
Sullivan
;'COL
W OFFICE,
Attorneys for Respondents
53 West Jackson Blvd., Suite 1137
Chicago, 11. 60604-3702
(312) 32'2-1100
; Fax (312) 322-1106
This document printed on recycled paper
.
C
dip(
i.
St
e 'on103 206, nor are any of it subparts u('
proVi o
'S
to Complainants
. tub
e in this case
.
tants
. ROBI~R`l` F
. KASSEI A, JR . and KLI
.LIF P. .
it Complaint
Respectfully su nitted,
