ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
    KENNETH E. MEDEMA, JR.,
    Complainant,
    v.
    TNT LOGISTICS NORTH AMERICA INC.,
    Respondent.
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    PCB 05-220
    (Citizens Enforcement – Noise)
    ORDER OF THE BOARD (by A.S. Moore):
    On June 27, 2005, Kenneth E. Medema (Medema) filed a complaint against TNT
    Logistics North America Inc. (TNT). The complaint concerns sound emissions from TNT’s tire
    warehouse distribution facility located at 25850 S. Ridgeland Avenue in Monee, Will County.
    Today, the Board grants Medema’s motion for leave to file an amended complaint against TNT,
    and gives Medema until April 17, 2006, to do so.
    On September 1, 2005, the Board accepted for hearing Medema’s original complaint,
    which was filed
    pro se
    . The complaint alleges that TNT’s sound emissions exceed several of the
    Board’s numeric noise standards (35 Ill. Adm. Code 901.102, 901.103, 901.104, 901.106). The
    case is in discovery and has not been to hearing. On October 19, 2005, attorneys filed an
    appearance on behalf of Medema. On December 5, 2005, Medema moved the hearing officer for
    leave to amend the complaint
    instanter
    “by pleading a violation of 35 Ill. Adm. Code 900.102.”
    Motion at 2.
    Generally, Section 900.102 of the Board’s regulations prohibits, among other things,
    “noise pollution,” which is defined as “the emission of sound that unreasonably interferes with
    the enjoyment of life or with any lawful business or activity.” 35 Ill. Adm. Code 900.101. In his
    motion for leave to amend the complaint
    instanter
    , Medema notes that he is now represented by
    counsel, and claims that amending the original complaint will not cause undue delay or
    prejudice. Motion at 1-2. On December 20, 2005, TNT filed a response to Medema’s motion
    for leave. TNT maintains that the motion lacks any information that would enable TNT to either
    agree with or oppose the motion. Response at 3. On December 27, 2005, Medema filed a reply
    without seeking leave.
    See
    35 Ill. Adm. Code 101.500(e).
    The Board notes that Medema attached no amended complaint to his motion for leave to
    file an amended complaint
    instanter
    . The Board agrees with TNT that the amended complaint
    Medema wishes to file must comply with Section 103.204 (35 Ill. Adm. Code 103.204) of the
    Board’s procedural rules.
    See
    35 Ill. Adm. Code 103.206(d);
    see also
    Revision of the Board’s
    Procedural Rules: 35 Ill. Adm. Code 101-130, R00-20 (Mar. 16, 2000) (Section 103.206 applies
    to the filing of an amendment to a complaint that sets forth a new or modified claim “whether or
    not the person against whom the claim is made is already a party to the proceeding.”). The
    2
    Board further agrees with TNT that under Section 103.206(d), Medema’s motion for leave to
    amend should have been directed to the Board rather than the hearing officer. The Board grants
    Medema’s motion for leave to file an amended complaint as follows: Medema has until
    April 17, 2006, to file an amended complaint that complies 35 Ill. Adm. Code 103.204. TNT
    may file pleadings responsive to the amended complaint within the timeframes set forth in the
    procedural rules.
    See
    35 Ill. Adm. Code 101.506, 103.204(d), 103.212(b).
    In light of the above ruling, the Board denies as moot Medema’s February 10, 2006
    motion that the hearing officer provide an expedited ruling on the motion for leave to amend the
    complaint
    instanter
    . In addition, to allow the response time to expire, the Board reserves ruling
    on TNT’s February 28, 2006 motion to include communications.
    See
    35 Ill. Adm. Code
    101.500(d).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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