ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
    ROBERT F. KASELLA, JR. and KELLIE R.
    KASELLA,
    Complainants,
    v.
    TNT LOGISTICS NORTH AMERICA INC.,
    Respondent.
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    PCB 06-1
    (Citizens Enforcement – Noise)
    ORDER OF THE BOARD (by A.S. Moore):
    On July 5, 2005, Robert F. Kasella, Jr. and Kellie R. Kasella (the Kasellas) 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 the Kasellas’ motion for leave to file an
    amended complaint against TNT, and gives the Kasellas until April 17, 2006, to do so.
    On September 1, 2005, the Board accepted for hearing the Kasellas’ 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 the Kasellas. On December 5, 2005, the Kasellas 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
    their motion for leave to amend the complaint
    instanter
    , the Kasellas note that they are now
    represented by counsel, and claim 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 the Kasellas’
    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, the Kasellas
    filed a reply without seeking leave.
    See
    35 Ill. Adm. Code 101.500(e).
    The Board notes that the Kasellas attached no amended complaint to their motion for
    leave to file an amended complaint
    instanter
    . The Board agrees with TNT that the amended
    complaint the Kasellas wish 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
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    claim “whether or not the person against whom the claim is made is already a party to the
    proceeding.”). The Board further agrees with TNT that under Section 103.206(d), the Kasellas’
    motion for leave to amend should have been directed to the Board rather than the hearing officer.
    The Board grants the Kasellas’ motion for leave to file an amended complaint as follows: the
    Kasellas have 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 the Kasellas’ 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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