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ILLINOIS POLLUTION CONTROL BOARD
October 4, 2006
JOHN and LINDA MARACIC,
Complainants,
v.
TNT LOGISTICS NORTH AMERICA INC.,
Respondent.
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PCB 05-212
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On September 28, 2006, all parties, including the parties in the related PCB 05-213, PCB
05-217, and PCB 05-216, participated in a telephonic status conference with the hearing officer.
Numerous issues were discussed, including the “consolidation request” that was filed on
September 11, 2006, by the complainant in the related case of PCB 05-216. Pre-hearing document
due dates were also discussed.
Regarding the “consolidation request” it was agreed that the request was actually a
coordination request. The complainant was concerned that since the cases are related and that
many of the complainant’s witnesses and those of the related cases will be testifying in all the
cases, duplications are likely to occur. As such, the complainant wanted all of the cases to be
heard at the same time in an effort to save time, money and resources. It was explained that
depending on the number of witnesses, the hearings could be held on one day, but that each of the
cases must be heard separately. Each of the cases allege numeric noise violations at a different
property and each has its own burden of proof. The coordination request was denied.
The parties were directed to submit their respective witness lists on or before October 3,
2006. Pre-hearing motions, including
motions-in-limine
, are to be filed on or before October 17,
2006. Responses are due to be filed on or before October 26, 2006. The parties were informed
that the mailbox rule does not apply.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on November 2, 2006, at 12:00 p.m. The telephonic status
conference must be initiated by the complainants, but each party is nonetheless responsible for
their own appearance. At the status conference, the parties must be prepared to discuss the status
of the above-captioned matter and their readiness for hearing.
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IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class on
October 4, 2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on October 4, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
HEARING OFFICER
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814-8917
P
PCB 2005-212
Edward Dwyer
Hodge Dwyer Zeman
3150 Roland Avenue
ost Office Box 5776
Springfield, IL 62705-5776
PCB 2005-212
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5
776
PCB 2005-212
PCB 2005-212
nd Avenue
John and Linda Maracic
6512 Lakeway Drive
Monee, IL 60449
TNT Logistics
2850 S. Ridgela
Monee, IL 60449
