BEFORE

THE ILLINOIS POLLUTION

CONTROL BOARD

JOHN AND LINDA MARACIC,

Complainants,

v.

TNT LOGISTICS

NORTH AMERICA

INC.,

Respondent.

PCB

No. 05-212

(Enforcement

- Noise)

NOTICE

OF FILING

TO:

Ms. Dorothy M. Gunn

Clerk of the

Board

Illinois Pollution

Control Board

100 West Randolph

Street

Suite 11-500

Chicago,

Illinois 60601

(VIA

ELECTRONIC MAIL)

Bradley P. Halloran, Esq.

Hearing Officer

Illinois

Pollution Control Board

100

West Randolph Street

Suite 11-500

Chicago, Illinois 60601

(VIA FIRST CLASS MAIL)

(PERSONS

ON ATTACHED SERVICE

LIST)

PLEASE TAKE

NOTICE that I have today filed

with the Office of the Clerk of

the Illinois Pollution Control Board

Respondent's PRE-HEARING

MOTION

INCLUDING

MOTION IN LIMINE,

a copy of which is herewith served

upon you.

Respectfully submitted,

Dated: October 17, 2006

Edward W. Dwyer

Thomas

G. Safley

HODGE DWYER

ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield,

Illinois 62705-5776

(217) 523-4900

TNT LOGISTICS

NORTH

ERICA INC.,

Respondent,

By:/s/ Thomas

G. Safley

One of Its Attorneys

THIS FILING SUBMITTED

ON RECYCLED PAPER

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

CERTIFICATE

OF SERVICE

I, Thomas

G. Safley, the undersigned,

hereby certify that I have served

the

attached PRE-HEARING MOTION

INCLUDING MOTION

IN LIMINE upon:

Ms. Dorothy M.

Gunn

Clerk of the Board

Illinois Pollution

Control Board

100

West Randolph Street

Suite 11-500

Chicago, Illinois

60601

via

electronic mail on October 17, 2006;

and upon:

Bradley P. Halloran,

Esq.

Hearing Officer

Illinois Pollution Control Board

100

West Randolph Street

Suite 11-500

Chicago, Illinois 60601

Mr.

John Maracic

Ms. Linda Maracic

6512 Lakeway Drive

Monee,

Illinois 60449

by depositing

said document in the United

States Mail, postage prepaid, in

Springfield,

--HJi1rois-on--0ctotrer--ice,-206.---

/s/ Thomas

G. Safley

Thomas

G. Safley

TNTL:002/Fi1/Maracic/NOF-COS

- Pre-Hearing

Motion

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

JOHN AND

LINDA MARACIC,

)

Complainants,

)

v.

)

PCB No. 05-212

(Enforcement

- Noise)

TNT LOGISTICS NORTH

AMERICA )

INC.,

)

Respondent.

)

PRE-HEARING

MOTION INCLUDING

MOTION IN LIMINE

NOW COMES Respondent,

TNT LOGISTICS NORTH AMERICA

INC.

("TNT"), by its

attorneys, HODGE DWYER ZEMAN,

pursuant to the Hearing

Officer's

Order at the telephonic status conference held

September 28, 2006, and files

its Pre-

Hearing Motion

including Motion in Limine ("Pre-hearing

Motion") in this matter.

I. MOTION TO

SEOUESTER WITNESSES

TNT moves the Hearing Officer

to

issue

an Order that all non-party witnesses for

Complainants and for Respondent

in this matter (that is, all witnesses

other than Mr. and

Mrs. Maracic

and a corporate representative of TNT)

will be sequestered at hearing so

as

to exclude such witnesses

from the hearing prior to such

witnesses' testimony.

"Excluding

witnesses is an appropriate

device to preclude a witness from

shaping his

testimony to conform

to the testimony of those who

already have testified." In re H.S.H.,

751 N.E.2d 1236, 1241 (2d Dist.

2001). (Citations omitted.) Illinois

Pollution Control

Board ("Board")

Hearing Officers regularly sequester

non-party witnesses at hearing.

See, e.g., People v. Skokie

Valley Asphalt Co., Inc, et al.,

No. PCB 96-98, hearing

transcript at 21-22

(I11.Pol.Control.Bd. Oct. 30, 2003);

County of DuPage v.

Saleem, No.

96 CD 494, hearing transcript

at pp. 8-9 (Ill.Pol.Control.Bd. April

1, 1998).

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

II. MOTION

TO INSTRUCT WITNESSES

NOT TO COMMUNICATE

WITH

EACH OTHER

REGARDING TESTIMONY

DURING HEARING

TNT also moves

the Hearing Officer

to issue an Order that no witness

may

communicate

with another witness

during the hearing in

this matter regarding testimony

given, or to be given,

during the hearing.

Such Order is necessary to

effectuate the

sequestering

of witnesses

discussed above; that is, if witnesses

are sequestered, but

can

discuss the testimony

of other witnesses, the

sequestration order is rendered

meaningless.

"If

a trial court possesses the authority

to exclude witnesses

to prevent fabrication, it

necessarily follows

that the court also possesses

the authority to instruct

witnesses not to

discuss

their testimony with other

witnesses." In re H.S.H.,

751 N.E.2d 1236, 1241 (2d

Dist. 2001).

(Citations omitted.)

III. MOTION IN

LIMINE

TNT

further moves the Hearing

Officer to issue an Order in

Limine prohibiting

the introduction of certain

testimony and evidence

at hearing as set forth

below.

A. Testimony of Witnesses

First Identified

on Final Witness List

Fist; -TNT-

moves the-H-eag--Oriie-er-to-pmhlbit

tire- testimony of witnesses

-that

Complainants

identified for the first

time on their Witness List

filed October 2, 2006,

specifically:

Lisa Dugan, State Representative;

"

Debbie

Halverson, State Senator;

"

John Anderson, Will County

Board Official; and,

"

Erwin Bogs, former

Village of Monee Planning

& Zoning Chairman.

See Complainants'

Witness List attached hereto

as Exhibit A.

2

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

On January 24, 2006, TNT

served its Interrogatories on

Complainants. See

TNT's

Notice of Service of Discovery Documents,

January 24, 2006, filed with the

Board. TNT's Interrogatory

No. 6 requested as follows:

Pursuant

to Illinois Supreme Court Rule

213(f) (a copy of which is

enclosed), please

identify the name and address

of each witness - lay,

independent expert,

and/or controlled expert - who will

testify at any

hearing in this matter and all other information

required for each witness.

See TNT's Interrogatories,

relevant portions of which

are attached hereto as Exhibit B, at

r

11.

TNT's Interrogatories

also noted that the Board's

Rules require Complainants to

amend

their Answers to TNT's Interrogatories

whenever "the response is

in some

material respect

incomplete." Id. at 2 (citing 35 Ill. Admin.

Code § 101.616(h)).

Thereafter, Complainants

answered TNT's Interrogatories, including

Interrogatory No. 6.

See John and Linda Maracic Answers

to Interrogatories, attached

hereto as Exhibit C, at 1.

Complainants did not, however, identify

Ms. Dugan, Ms.

Halverson,

Mr. Anderson, or Mr. Bogs, in response

to Interrogatory No. 6 or otherwise.

-See id. -Complainants also

thereafter served-their Opinion Witness

List, a copy ofwhrch

is attached hereto

as Exhibit D, but again did not identify

these persons. See Exhibit

D.

Illinois Supreme Court Rule

213(f) requires that "[u]pon written

interrogatory, a

party must

furnish the identity and addresses

of witnesses who will testify

at trial and

provide" additional specified

information. Ill. Sup. Ct.

R.

213(f).

(Emphasis added.) In

addition,

both Supreme Court Rule 213(f)

and the Board's Rules require

a party to

supplement its responses

to Interrogatories whenever its

original responses become

incomplete.

TNT served a Rule 213 Interrogatory

on Complainants seeking

the identity

3

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

of Complainants' witnesses,

and further specifically noted Complainants'

duty to

supplement

their responses to TNT's Interrogatories.

Complainants answered TNT's

Rule 213 Interrogatory, but

did not identify these four persons

as witnesses. Then, after

the Hearing

Officer on September 28th ordered the

parties to file their final Witness Lists

in preparation for hearing,

Complainants for the first time identified

these persons as

witnesses on their

final Witness List. This renders

TNT's Rule 213 Interrogatory

and the

Board's Rule requiring supplementation

of responses to interrogatories

-- and the

discovery process

in general -- meaningless. Therefore,

TNT moves the Hearing

Officer

to issue an Order in Limine prohibiting

these four witnesses from

testifying at the hearing

in this matter.

B.

Testimony of Any Other Undisclosed

Witnesses

Second, for the reasons stated

above, TNT further moves the Hearing

Officer to

issue an Order in Limine

barring Complainants from presenting

testimony from any other

witness that Complainants did not identify in

response to TNT's Interrogatories.

C. Introduction of Undisclosed

Evidence

Third, TNT moves the Hearing

Officer to issue an

Order

in

Limine barring

Complainants

from offering into evidence

any document or other evidence, or

utilizing

any demonstrative exhibit, at hearing

which Complainants did not

produce in response to

TNT's Requests

for Production. TNT served its Requests

for Production on

Complainants on January

24, 2006. See TNT's Notice

of Service of Discovery

Documents,

January 24, 2006, filed with the Board.

TNT's Request for Production

No.

14 stated: "Please produce

all exhibits which you intend to,

or may seek to, enter into

evidence or use as

a demonstrative exhibit at any

Hearing in this matter." See TNT's

4

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Requests for Production,

relevant portions

of which are attached hereto

as Exhibit E, at 6.

In response to TNT's Requests

for Production, Complainants

produced certain

documents

attached hereto as Exhibit

F. TNT moves the Hearing

Officer to issue an

Order in Limine prohibiting

Complainants from seeking

to introduce into evidence,

or to

utilize any demonstrative

exhibit, at hearing

any other documents,

or any other evidence

of

any kind, other than the

documents that Complainants

produced in response

to TNT's

Requests for

Production, attached hereto

as Exhibit F.

D. Undisclosed

Opinion Testimony

Fourth,

TNT moves the Hearing

Officer to issue an Order in

Limine prohibiting

Complainants

from presenting

any opinion testimony

at hearing which

Complainants did

not specifically identify

in response to TNT's

Interrogatories

and/or pursuant to the

Hearing Officer's deadlines

for disclosure of

opinion witnesses and testimony.

TNT's

Interrogatory

No. 6 sought disclosure

of all witnesses and

testimony, including,

but not

limited

to, opinion witnesses

and opinion testimony.

See discussion above.

As noted

above,

Complainants responded

to TNT's Interrogatory

No. 6. In addition, the

Hearing

Officer twice directed

Complainants to identify "Complainants'

opinion

witnesses and

their opinions,"

first by April 15,

2006, and later by

June 1, 2006. See Hearing

Officer

Orders

dated January 30, 2006,

and May 31, 2006.

In response, Complainants

filed their

Opinion

Witness List, a copy of which

is attached hereto as

Exhibit D. TNT moves

the

Hearing

Officer to issue

an Order prohibiting

Complainants from offering

any opinion

testimony

that Complainants did not specifically

disclose in response

to TNT's

Interrogatories

and/or in

their Opinion Witness

List.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

IV.

RESERVATION OF RIGHTS

Finally, TNT is not aware

of any other specific evidence

or testimony which

Complainants

intend to introduce at the hearing

in this matter as to which

TNT wishes to

move

in limine at this time.

TNT reserves its right at hearing

to object to any testimony

or evidence

offered by Complainants on

any grounds, including, but not limited

to, that

such

testimony is irrelevant, is

hearsay, is cumulative, is prejudicial,

and/or was not

previously disclosed

by Complainants in response to

TNT's Interrogatories and Requests

for

Production.

V.

CONCLUSION

WHEREFORE,

Respondent, TNT LOGISTICS

NORTH AMERICA INC.,

respectfully

moves the Hearing Officer to issue

the Pre-Hearing Orders requested

above,

and to grant TNT all

other relief just and proper in the premises.

Respectfully submitted,

TNT LOGISTICS

NORTH AMERICA INC.,

Respondent,

Dated:-vctobe 17, 2006--

------

Edward

W. Dwyer

Thomas

G. Safley

HODGE DWYER

ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217)

523-4900

TNTL:002/Fil/Maracic/Pre-Hearing

Motion

- ------]3y:

/s/Thorrras-G-.-8affey

One of Its Attorneys

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

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ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

F

Mr. John Maracic

Ms. Linda Maracic

6512 Lakeway Drive

Monee,. Illinois 60449:

PCB 2005-212

.

.

.

Bradley P. Halloran, Esq. .

Hearing

Q*er

-111inois Pollution Control Board

James R Thompson Center

Suite 11-500

100' W. Randolph Street .

Chicago, Illinois 60601

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

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ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

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ELECTRONIC FILING, RECEIVED,

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OCTOBER 17, 2006

---

.

. BEFORE

THE ILLINOIS POLLUTION

CONTROL BOARD'

.

.JOHN

AND

LINDA MARACIC,

. .. `:

.

).

v. .

.

.

..

)

-:

PCB No. 05-212

..

TNT. LOGISTICS

NORTH AMERICA

)

.(Enforcement:-Noise)

...NOW COMES Respondent,

TNT LOGISTICS

NORTH AMERICA INC.

. . : (`"TNT"), by. its attorneys,

HODGE DWYER ZEMAN,.and

pursuant

to Section 101.620

of the Minois Pollution

Control Board's (`Board")

,procedural

rules, 35 Ill. Admire

Code

.

§ 101.620, propounds

the following

Intermgatories.on Complainants

John and Linda'

-

Maracic, to be answered

within 28 days after these

Interrogatories are served'on

.

. .

.

..

Complainants:. . .. .

Complainants,

)

.

INTERROGATORIES

.

Respondent... - -

.

INSTRUCTIONS

These

Interrogatories are directed

to both John Maracic and

.Linda.

Maraoic.

You may answei.these

Interrogatories jointly,

by both signing and

ietiuning a -

joint response

to.these Interrogatories.

Or, if you prefer, you may

answer these

Interrogatories

separately,

by signing and returning

separate responses

to these

1

.(b) The Board's procedural

rules require yo -u to

sere your "answers and

:.

.Interidstories:

.

.

.

.

.

: objections,. if any' to

the following Mterrogatories.on

the undersigned

"[w]ithin 28 days:

after"

these Interrogatories are

served`on.you. See 35 M.Adniin.

Code

.§

101.620(b).

"

":"

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

(c) .:. .The Board's procedural

rules also .require that you.

answer each of the.

following Interrogatories.

"separately and fully in'writing.under

oath,-unless.it

is objected

to."..

See 35 -M. Admin.

Code § 101.620(b).

.

Space. has

been.

provided

.in

which you

can set forth your. answers.

to the.': `

.prefer

to type your

answers into, an'electronic.

version of this. document,

please contact the

-undersigned, and we

will be haPpy.to provide you

an electronic-version of

this document -

for such

use.

.

.

:

.

.

.

.

: .

.

.

. A verification

statement see 735 ILCS '5/1-109),

signature

line, and'

.M.

. Code §.101:620 )..

.

(e)

.

. If you

object to any Interrogatory,

pleasenote that the

Board's procedural.

.:

. .

. : .: Grounds

for an objection to an

interrogatory must be stated

with

.

specificity, and

be. accompanied by a dopy

of the iaterrogatory. :Atiy

.

.

.

...ground that is not

stated in a timely objection

is waived unless it

results in

material prejudice

or

good

cause for the delay

is shown.. . . : . . .

.

35 II1:Admin.

Code § 101.620(c).: ...

. ..

Interrogatories if you

so choose:' Or, if the amount

of space provided is insufficient,

or.,if ..

'you prefer, you can. set forth

your answers on a separate

piece of paper. If you

would

. .:

(d)

.'-'.-.,.The

Board's

procedural rules also

require. that you sign

your.answers to'. .

these

.Interrogatories

and sign any

objections you make.

to .these Interrogatories.

S-

Se.35

. .

101.620(b) that

Interrogatories be answered.

"under oath."

notarizing

also are provided for

your use in meeting the requirement

of Section

.rules

provide

as follows regarding objections:

. .. .

. .

.

The

Board's procedural rules also require

that.you amend

your answers

.-to

these

Interrogatories in certain

circumstances,

stating

as follows:.

::

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

A party must amend any prior responses to interrogatories, .

. .

. requests for production, or requests for admission.if the party.

.

..

learns that the response is in some. material respect incomplete or

incorrect, and

the additional or corrected information has' not

.

otherwise

been made known to the. other parties during the

.

.

.

.

.discovery

process or

in

writing:

.

.:

. .

.

. . . .

35 III. Admire. Code §101.616(h).

..

(S)

: With respect to each Interrogatory, in addition to'supplying the

.

information asked for and identifying the .specific documents refereed

to,'please identify

all

documents

to which you referred in Preparing your answer thereto.

.

.

(h)

.'.."If

any document

identified in an

answer

to' an Interrogatory was, but is. no

longer, in your possession or subject to your custody or control,' or was known'to you, but

.

is no longer

in existence, please state what disposition was made. of it or what became of

.

If any document or statement is withheld from production hereunder

on'.

the basis of a claim of privilege or otherwise, please .identify each such document and the

-grounds

upon which its production is being withheld.

-

'

.

.

.

+. .

.(j).

.

If you are.unable or refuse to answer' ny Interrogatory completely

for

any.

reason,

including, but not limited to, because of a claim bf privilege, please so state,

.

answer the Interrogatory to the

extent possible;

stating

whatever knowledge or

. .

. . .information you have concerning the portion of the Interrogatory which

you do

answer,

.and

set

forth the reason for your inability or refusal to answer more fully.

.

..

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

INTERROGATORY NO. 5: As to each noise measurement you identify in . .

response to.Interrogatory No. 4 above. that was taken within the boundaries of Yout

.

ELoR

please identify:

a

the identity of each person present within the boundaries of Your Property

. during the time

period

that the noise measurement was being takes;

.

. h

whether

each such

person resides at Your Property;

.

he time period

that the

noise

.measurement

was being taken;

d

as

to each

such person, whether

the noise being measured allegedy

interfered with each such person's activities during the

time

period

that

the

noise measurement was being taken; and,

e.

if so, how the

noise

being measured allegedly interfered with each such

person's activities during the time period that the noise measurement

was

being taken.

.

.

ANSWER:

INTERROGATORY NO. 6: Pursuant. to

Illinois

Supreme Court Rule 213(1) (a

'copy

of which is enclosed), please. identify the name and address of each witness- lay,

independent

expert, and/or controlled

expert

- who will testify at any hearing in this .

matter and all other information required for each witness.

ANSWER:

.

1l

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

John and

Linda Maracic Answer's to Interrogatories

OA-Yes

t - 7 7,'iv,l'IU,77uu,i uji

,appears-.to defineT

information

supplied.

#2A-Yes.

B

The following codes but not limited

f6 the following apply

to my properly. 35 Illinois

Administrative Code Chapter

1; 901,AP.B Subtitle'li codes

742,7429,79,790,7900.

and concems we

have. .

#31

contend the

foilowing define (but not limited. to the

following) the. use of TNTLogistics

North

America Inc.

Based Upon 35 Illinois

Adminstrative Code Chapter

1,. Part 901,AP.B Subtitle

II codes.

42,422,4221,4222,4229,51,511,5911,5112,5113,518,5181,5182,5183,5184,5189,55,551,

5520,63,637,6376,6379,639,6399.

.

Further, landowner

developer,buikiing management

and unkown subleases

and storage'

.

agreements do and/or potenially

allow for the subsequent

storage and transportation

of

mar:Y

other-

unknown

andfor undisclosed

commodities, ,adding to the foregoing

codes.

#4A-No

B thru F Please

refer to ACCOUSTICS ASSOC.

LTD (SOUND STUDY)

commissioned by THE

VILLAGE of MONNEE.

(copy att)

#5. Does not apply

Sophie

Maracic 5106'.W 107th st

Oak Lawn,IL 60453

#6 Laura Banjeglav

9905 Derby CT

Mokena,IL 60448

Jim SchlUep

5401 W. 99th st Oak

Lawn,IL 60453

305 E. Northwest Hwy

Palatine; IL 60087

Audiologist

and Acoustical

Engineer

Specialists in. Hearing a nd

Acoustics.. - :

ThomOs Thunder; AuD,FAAA,INCE-

.

Ac0U Stk: A&sociatP

s_ Ltd

.

Mat

& Marianne Lanenga 3481

Drover Ln

ince &

Carolvn Neri 6735 W. Bruns

Rd Monee, IL 60449

One. North

Franklin St' Chicago, I!

60606

Shiner.

&

Associates,

Ind .

Acouatical Engineers

Brian L, Homans

#7, Robert

F.Kassela, Jr.& Kellie,R.

Kassela 6610 Lakeview Lane

Monee, IL $0449,

Kenneth F..

P1edema, Jr.. f603

Lakeview Lane Mon", IL

60449

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

#8 A (01-01-2005) (01-02-2005) (0.1-11-2005):

B My back yard and Vincent&Jennifer Neri (6530

Lakeview

Lane) yard.

C (01=01-2005) Myself

and

my wife

(Linda)

with Kelly Jensen'(5:30pm)

(01-02 2005) Myself and. my wife (Linda) with Barry Sieron (6:30pm)

(Former village trustee)

(01-11-2005)

Myself

and Jennifer Neri with Tim O'donnell

(Mayer

of Monee)and Michael

Grubermann (Former Village Administrator) and Jennifer Neri (11:00am)

.

Also many patrolman of Village of. Monee witch has record's. of time's and date's: .

moving tai e s arou doc area)(Vi loge to

D Kelly Jensen said she could not believe how loud the noise was coming over, the berm into

my yard (Truck's air brakes,Truck's idling,Truck's connecting&disconnecting,Spotter truck

Barry Sieron said he could not believe all the

noise

and how loud it was

comming over

into

my and in front of my house(Truck's idling,, Truck's air brake's;Truck's --

connecting&disconnecting

'

Spatter truck moving

aroud dock area and all

light

coming

from

TNT.)(Former.village trustee)

Vincent & Jennifer Nerd 6530 Lakeview Lane Monee, IL 60449

Wayne Haser

25763

Willowcreek

Lane Monee;

IL 60449

Ken BIouin.6446 Lakeway Drive Monee, IL 60449.

-Timothy

P. O'Donnell

(Mayor of Village of

Monee)

25816 Pinehurst

Dr.

Monee,IL 60449

Russel

Caruso (Police Chief of.Village of Monee) address unknown

Dan

Gryczewski (Trustee of Village of. Monee) 5043 W. Augusta Blvd. Monee, IL 60449.'

Kelly Jensen

(Trustee of Village of. Monee) 5401 W. Mill St.

Monee,

IL 60449; `:

Henry May (Trustee of Village of Monee) 25727 .S. McCorkle Ave. Monee, IL 66449 -

David Stockton (Trustee of Village of Monee) 25702 S. Violet Lane Monee, IL 60449.

Amy Mayer (Trustee of Village of Monee) 5310 W. Court St. Monee, IL 60449

Diane Pieczynski (Trustee of Village of Monee) 5011 W. Herbert Ct. Monee, IL 6.0449

Barry Sieron (Former Trustee of Village of .Monee) 4930 W.. Margaret St. Monee, IL 60449

Michael Grubermann (Former Village Administrator of Village of Monee) address unknown

moved out of state

Terry Craig (Patrolman.of Village of Monee) address unknown

Orland park; ,IL 60462

Larry Gryczewski (Village Attorney of Village of Monee) Office at 1100 Ravinia Pi.

Peter Farias (Patrolman of -Village of Monee) address unknown

9440 Enterprise

Dr.-Mokena,

IL 60448

a u e eve

oper Location Finders

n

emationa

,

INC

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Tim 6E)onne11811Michaef Grubermann(Mayer of

Village

of Monee&Former NAllage Administrator

. 'of Vllage.of Monee) came over to Jennifer Ned house witch she called myself (John Maracic)'

to come and talk with Tim & Mike about the problem of noise coming over the beret all the

(Mayer said was to put a box fan in all of the bedroom's to quiet the nols coming form TNT

F vliage gr Monee from patrolman and village of Monee Trustews .

.

#9: Vincent

& Jennifer Neri Lakeview Lane Monee._IL 6(449

.

.

.. .

.

.

. : Logistics North America lnc )

..

. . .

.

All patrolman that came to my house said they could not bellleve'the nois coming over 'tie ..

beret daytime or pightime, aslo all light at night from TNT dock,s...

.

.

E Most of corriersation's were oral,but.patrolman made report's witch

are

at

the

Village

Hall

. ,

and Barry Sieron (Former trustee).took note's on

(91-02-2005) in

my

back yard.

.

. . .

,

Ken Biouin

6446:Lakeway Dr. Monee, IL 60449

. .

Wayne

Haser 25763 Willowcreek Lane- Monee.180449,

John & Linda Maracc 6512 Lakeway Dr.. Monne, IL 60449

.

#10

Sound Sudtv, Police

report's.

at Vllape of Monee and poeple in this report to IPCB and

not iimfted to adove.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

.

..

.

VERIFICATION.:

..

'.

Under penalties as provided by lain pursuant tb Section 1-109, of the llllnois .Code ° .

.. of Civil Procedure,

,.the

undersigned cerh; f es.that the statements

.set

forth in this.

..

instrument are true. and correct, except

as. to matters therein stated to be on information

'_"-I

-- .=

matters the and-__:

---=L-

.

.

.

1011n

araClc..

.

.

Linda 1Vlaracic ;:

Subscribed and sWOM

to'

before

me"

--

Subscribed and swbrnlo before me .

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

The following is a list

of c rýlainants opinion witnesses

for PCB #2005.212.

All names, below

can

testify to the noise leve.

observed at 6512 Lakeway brive. Where no address

is listed, the wrinbvd can

be contacted at

the

Village of Monee City Hall.

.

5130 Court

Street Monee, IL 60449. (708-534 8301)

Laura Banjeglav 9905

Derby

CT MokeMIL

60448

Jim Schiuep.5401 W. 99th st

Oak Lawn,IL 60453'

Sophie Maracic 5106 W 107th

st Oak Lawn,IL 60453

Vince & Carolyn

Ned

6735

W. Br uns Rd Monee, IL 60449

Mat& Marianne Lanenga 3481

Drover Ln Darien, IL 60561

Acoustic Associates, Ltd

Specialists in Hearing and

Acoustics

Thomas ThOder, AuD,FAAA,INCE

Audrologial a Acoustical

Engineer

305 E. Norýt Hwy Palatine,

IL 60067

Shiner &

As§oc'rates,.Inc

Acouatcal Engineers

Brian L. Homans

One North Franklin

St, Chicago, IL 60606

-.:.-Robert F: assela;:Jr:B

Kellie R. l(assera 6610 Lakeview Lane ,Monee,

IL

60449

"Kenneth It Medema, Jr. 6603

Lakeview Lane Monee,11.60449

VPc.Tt

&:Jena.i(er-Neri:6530'LakeivieWLahe'Monee,

11L 660-41

49.

..,W.ayne.Haser25763 Willowcreek Lane MQ ee

IL,604ý49", .

..-

,r

"Ken'Blou

n 6446 Lakeway Drive

Monee, IL 60449

Russel

Caruso (Police

Chief of Village of Monee)

address"unknown

.

"

Dan Gryczewski (Trustee of Village

of Monee) 5043

W. Augusta Blvd.. Monee,

IL

60449

Kelly Jensen. (Trustee

of Village of Monee)

5401 W. Mill St. Monee, IL 60449

Henry .Yay (Trustee

of Village of Monee) 25727

S. MoCorlde Ave. Monee, IL

60449

David

Stockton fTrustse,of Village

of Monee) 25701

S. Violet Lane Monee, IL 60449

Amy

Mayer,(Trustse

of Village of Monee) 5310

W. Court St Monee, IL 60449

Diane

Pie czynsid

(Trust of: Village of Monee)

50111 N. Herbert Ct "Monee,

IL 60449

Barry;Sieron (Former. Trustee

of Village of Monee)

4936 W. Margaret St

Monee, IL 60449

M iGý haý Grl.ibeýrýrin

(Fc me'# Village

minrstr`afor of Village of Monee)

address unknov

n1We0 -6Utot6te

Larry GiyGZewski

(Village

Attorney of

vgage

,

IAoa ):" ce at 1100

Ravinla PI.

Oqjýn.ý,.

AV402.:

?,ýe1jS'siT..`.f.:,.

Terry.gMig

(PAfiolmawof VaIage'of Monee) address unknown

Peter Farlas (Patrolman

of

Village of Monee) address unknown

Marty Burke(Developer)

Location00448::Finders

International,

INC

9440 Enterpdse-Dr.

Mokena,- IL

cor of Village of

Monee) 25816 Pinehurst Dr. Monee,IL 60449

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

JOHN AND LINDA MARACIC,

.

Complainants,

TNT LOGISTICS NORTH AMERICA

INC.,

R espondent.

PCB No. 05-212

(Enforcement - Noise)

REQUESTS

FOR

PRODUCTION

NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.

("TNT'J, by its attorneys, HODGE DWYER ZEMAN, and pursuant to

Section

101.616

of the Illinois Pollution Control Board's (`Board") procedural rules, 35111. Admin.

Code

§ 101.616, propounds the following Requests for Production

on Complainants John and

Linda Mnacic, to be answered within 28 days after these Requests for Production are

served on Complainants:

INSTRUCTIONS

(a) These Requests for Production are directed to

both John Maracic and

Linda Maracic. You may answer these Requests for Production jointly, by returning a.

joint response to these Requests

for Production. Or, if you prefer, you may answer these

Requests for Production separately, by returning separate responses to these Requests for

Production.

(b) In ruling on issues relating to Requests

for Production, the Board may

look to Illinois Supreme Court Rule 214 for guidance. See People v. C & S Recycling,

Inc., et al.

PCB No. 97-9,2000 Ill. ENV LEXIS 410 (I11.Pol.Control.Bd. June 22, 2000).

For your convenience, a copy of Rule 214 is enclosed..

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Please produce any and all reports or other documents relating to this

matter generated

by any independent or controlled, expert whom you intend to call to

testify at any hearing

in this matter.

10. Please produce a current rbsum6 and curriculum vitae for each

independent

of controlled expert whom you intend to call to testify at any Hearing in this

matter.

11. Please produce all documents which you identify, or which otherwise

relate to, your

response to TNT's Interrogatory No. 8, including, but not limited to,

correspondence, notes of conversations and/or written statements.

12. Please produce

all documents exchanged between you and any person you

identify in response to TNT's Interrogatory

No. 9.

13.

Please produce any and all other documents of any kind which relate in

anyway to your allegation that TNT has violated

35

Ill.

Admin. Code §§ 901.102,

901.103, 901.104, or

901.106

at

Your Property, as alleged in paragraph 5 of your

Complaint.

14. Please produce all exhibits which you intend to, or may seek

to, enter into

evidence or use as 'a demonstrative exhibit at any Hearing in this

matter.

15. Please produce any photographs, motion pictures, videotapes, maps,

drawings, or other visual

or pictorial representations of any kind of TNT's Property or

otherwise relating in any way to the allegations contained in your

Complaint.

16.

Please produce all documents, other than those produced in response

to the

Requests for Production, set forth above,

which you identified in response to TNT's

Interrogatories.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

MONEE POLICE DEPARTMENT

MEMO

D

ATE:

June 13, 2005

TO:

Chief Caruso, 007

FROM:

Patrolman

Terry Craig, 011

RE:

Special Detail on W. Lake Way Dr. on June 09,2005

0900 hours to

0940

hours

I

I parked in front of 6512 W. Lake Way Drive with my engine turned o1X

car

radio

turned

ofE I heard a constant loud beeping sound emitting from the north by the fence,

area located behind the homes

off of

W.

Lake Way Drive, north side. The noise appeared

to

be emitting from the TNT Logistics Company located just north of

W. Lake Way

Drive.

I drove over to TNT Logistics to the security guards office, located

at

the

southeast comer of

the building.

I

asked the security guard on duty, what that loud

constant beeping noise was that I heard. The security guard was

cooperative and

courteous. He stated that the noise was the sound of the spotter

driver's. truck alarm as he

.

was

backing up. The guard said that every time the spotters do door changes (loading or

unloading) the alarm on

their trucks sound off. I

heard the

sound of semi-trucks driving

back and forth, up

and down the parking lot, south side, of TNT Logistics.

1500

hours to 1540 hours

I parked in

front of

6520

W. Lake Way Drive with my engine turned oA car radio

turned

off Several times I

heard

the sound of semi-trucks discharging their air brakes as

they were dropping

off

their trailers. I heard semi-trucks idling on the south side

of

the

TNT Logistics building. One of the truck drivers sounded a very loud bullhorn for about

5 seconds..Affm

approximately 20 minutes of being stationary I heard a commercial jet

.

fly overhead.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

MONEE POLICE DEPARTMENT

D ATE:

June 13, 2005

TO:

. Chief

Caruso,

007

.

.

FROM:

Patrolman Terry Craig, 011

RE:

Special

Detail at W.

Lake .

Way

Dr. on

June

06,

2005

1030

hours to 1100 hours

I parked

in front of 6446 W. Lake Way Drive with my engine turned off, car radio

turned off .1 heard the air brakes of semi-trucks, connecting and disconnecting

from their

trailers

in the south trailer yard of TNT Logistics. As the spotter trucks

were

backing

up

to the trailers,

several times I heard the backup alarm from their trucks echoing down all

of W. Lake Way Drive. The sound

lasted approximately

5

minutes each time. Several

times

I heard a loud bang as if two trailers had hit each other.

1410 hours to 1440 hours

I parked

in front of 6520 W. Lake Way Dr. with my engine turned o$ car radio

turned

off. I heard trucks idling on the south side of the TNT Logistics building where the

dock doors are located. I heard the

back up

alarm

of

the

spotter trucks several times. This

lasted approximately 15 minutes. I drove

over to

TNT Logistics

and spoke to the

.

.

shipping supervisor who was very cooperative and

courteous.

I asked

him about the

excessive

noise from the spotter trucks. The shipping supervisor stated that the spotters

were

doing dock door changes in order to load and unload their trailers for the next

shift.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

JAN.

19 2005 4:34PM

LFl 709 478

7667

v 1 oil K;111.

I buiumub,

Inc.

N0. 659

P.

1

l 1eeaadoal

Enaieeers

.

One. NoM Franklin SL. Chleapo. hlnow eoeoe Peone

312 e4MM Fax 312 6493344

Location Finders International, Inc.

9440 Enterprise Dr.

Mokena, IL 60449 .

Alln: Mr. Malay

:Burks

/, .

Re: TNT Trucking Terminal

Monee, Illinois

-

Dear Mr. Burke:

During

the

period of

October

7-10,2003, we conducted one-third

octave band acoustical

measurements of ambient

conditions

on the site of the proposed terminal

in Monee, Ilrlnols.

The measurements were conducted near

the

south

boundary of -the parcel located

at the

southwest corner of

W.

Monee Manhattan Road and S: Ridgeland

Avenue (Lot Three

Measurements were not continuous, but

were

conducted

in three sessions due to

destruction of

cabling by wildlife.

Acoustical Measurements

Table 1 displays the periods during which

measurements were conducted. We chose the

date

of measurements based on weather conditions and

availability

of

Instrumentation.

Table 1. Schedule

of

Measurements, 2003

Start

Date

Start

Time

Stop

Date

Stop

Time

Notes

October 7 17:55 October 8 OOAO Cabling severed

by wildlife

October 9

08:15 October 9

,

12:05 Batteries depleted

October

9 17:10 October 10

*

07:45

Conclusion of study

Weather conditions were quite warm with daytime highs ranging from 81 °

F on October 7

to

73° F on October 9. Winds

were

light and from thasouthwest on October 7.

On

the

morning of

October 10, there was no wind and

a

suspected temperature inversion.

No precipitation

occwred during

the

measurements.

The

acoustical instrumentation

was located

near

the south property file

at a location 85 feet . .

west and 150 feet north of

the

southeast corner of Lot Three. Homes south

of the proposed'

site along Lakeway

Drive

were clearly visible.

Trucks

on

I-57 were also visible to the

east.

This

location was chosen to characterize

noise

from

the southern portion of the proposed TNT

facility. Figure

1 is a site plan showing the location of

measurement

microphone.

The

following Instrumentation was

utilized:

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

JAN. 19.2005

4:34

PM

LF1 708. 478. 7667

Location Finders International, Inc.

October 17, 2003

" Larson-Davis Laboratories, Inc. (LD)

2900

real

time

analyzer

.

" w 1aDu iiz inch condenser microl

" LD 9008 microphone preamplfer.

.

" LD CA-260

microphone calibrator

- " Extension cables, windscreen

" Dwyer Wind Meter, Thermometer

Calibration

of

instrumentation

,was

verified before and

after measurements

with

the microphone

calibrator. The analyzer was located

to a weathertight box and cabled to

the microphone and

preamplifier using a 15 foot extension

cables. The microphone and preamplifier wen; attached .

to the

branches

of a 12 foot

high

arbor vitae at

a height

of

5 feet above ground level and

protected with a windscreen. The

analyzer was set to one-third octave

filtering and linear.

repeat averaging with on averaging time

of 5 minutes. Data were sampled continuously.

Every

6 minutes, the linear average of spectra was written to

memory, the

analyzer

was reset and

data were accumulated for

another

5 minutes.

WBdIife severed the microphone cable at

approximately

12:40

a.m.

on

the morning of

October

8, 2003.

On

the

morning

of October 9, the analyzer was suspended from the arbor

vitae branches with

new

cabling and operated

until

approximately

noon of the same day.

Batteries were replaced and the analyzer was restarted on

the

evening of

October 9 and

operated until

the morning of

October

10,

2003.

The site has been used

for

the

cultivation

of shrubs and trees. Daytime

nursery activities

continued

on

the

property

during the

measurement period.

Results

of

Ambient

Survey

Figures 2.4 display an A-weighted time history of

ambient

sound level readings

recorded during

the

survey..

Table

2

summarizes octave

band

sound level results

for the nighttime periods. At

night, ambient sound levels are

lowest,

people are most sensitive to noise, and noise

ordinances have the most stringent requirements for

the

generation

of noise.

N

Figure 1.

Site

Plan

2

Shiner

+Associates, Inc. .

Microphone

Location

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

JAN..19.2005 . 4:34PM

LF1 708 478.7667

Location Finders International,

Inc.

N0.

659

P. 4

October

17,

2003

S

i

e

re

v

v

y

36

.3

.

nn.rc

r nw:eue

h ýdýýNave:$ý.ýý

Rgun 2. TNT

Truoklnq

81to

- None% IL

October 8, 2003

N M

Shiner

.+

Associates, Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

JA'N. 19.2005 4:34PM

LF1 708 478 7667

Location

plnders

International,

in c.

F loure 4.

TMr11v0kiep Site -None.

L

Otrebwr 1-10, 2003

October

17, 2003

N0.

659 P. 5

ý r.ý a ov. W.ýý

a no ii

I +i a

1 r

ii ri

is

Table

2.

Summary

of Acoustical Results

Sound Pressure Level, dB

re

20 pPa

m

0

xJ.

504.

Date

Time

.

Octave Band

Center Frequency, H:

Awt

31.5

63

125 250 500 1000 2000 4000 8000

Od 7-8

2220-0030

49.0

49.8

48.0

40.5 38.6

36.4

28.5 25.7 21.3 40.8

Oct 9-10 2345-0610 56.2 55.5 48.3 43.6 48.7 45.7

29.7 17.1 13.8 48.9

Table

2

demonstrates that sound levels in the 500 and 1000 Hz bands (where hearing is

the

most

acute)

were

9 to 10

dB higher

during the nighttime of October 9-10 when winds

were

calm, As the site is west of

I-57 and

prevailing

winds are from the west, the October 7-8

ambient readings likely indicative of long

term

conditions at the site.

Noise

Ordinances

and

Regulations.

yllaae of Monee:

The

Monee noise ordinance provides performance standards for noise

crossing residential

district boundaries. Table 3 provides the daytime and nighttime octave band

sound

level limits

as measured within a

residential

district:.

Shiner

+ Associates,

Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

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JAN. 19. 2005 4:34PM.

LF1 708.478 7667

. Location

Finders. International, Inc. -

P.

6

.

October 17, 2003

Table 3.

Village of Monee Performance

Standards

Sound Pressure Level;

dB re 20

We.

Octave

Band Center

Frequency, Hz

31.5

63

125 250 5 00 1 000

2000 4000

8000

Daytime

.:,

7

am

to 10 prn

76 . -

.

71

65

57

61

45

39

34

32.

Mght0me

.

10 prn to 7 am

7

2

67

L

.

61

I

63

.

47 ..

I

41.

35

30

28

The

ordinance

states

that Fast meter response (125 ms) shall be used. No integration

Bme

Is

specified.

For transient

noises,

peak

readings

may not exceed 80 dB.

Monee

exempts the following uses and activities:

Noises not under the direct control of the property user.

Non-routine

construction

and maintenance activities.

Safety

signals and warning devices.

Transient noises

,at

moving sources such as automobiles. trucks airplanes

and

railroads

State of Illinois

The Illinois Pollution Control Board enforces property line sound level limits for noise crossing

between manufacturIngfndustrIal land uses and residential.

Table

4 provides

the

daytime

and

nighttime octave band sound level limits as measured within residential class land:

Table 4. Illinois IPCB Sound Emission Standards

Sound

Pressure

Level, dB re 20 NPa

Octave Band

Center

Frequency, Hz

31__5T63 125 260 500 1000 2000

4000

8000

Daytime

7 am

to

10 pm

75

74

69

64

58

62

47

43 40

Nighttime

10 pin to 7

am

69

67

62

54

47

41

36

32

32

For impulsive noises. readings

may

not exceed 46 dBA during the nighttime..

Illinois exempts emergency

warning

devices and shall not apply

to the operation

of any vehicle

registered for highway use while such vehicle is being operated ... In the

course

of ingress

to or

egress from

M tisnhWmu

Illinois also guards against nuisances by stating, "No person shall cuuse or

allow the

emission

of sound beyond

the

boundaries

of his

property...so

as to

cause noise pollution in

Illinois".

S hiner + Associates,

Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

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JAN. 19. 2005. 4:35PM

LF1 708

;478

7667

Location Finders International,

Inca

Barrier and Berm Sound

Attenuation

As we have no topographical

Information on residential properties located to

the south of the

proposed terminal, we have assumed that the land

Is flat from the base of the bean

to

the

south.

Barriers and berms are

capable

of attenuating

noise up to a maximum of

22-24

.

dB, depending

on

site geometry. We

modeled the sound attenuation

of a berm and barrier

(wale combination

located

in a

200

foot

wide buffer

area

along

the south

boundary

of

Lot Three.

The berm slope

on the north and south faces is frmRed to

3.5:1. The height of the bermMrall

system was

modeled to be 30 feet high (mm the rear of the truck

curb (840 feet ASL)..

We

modeled berm

and harder effectiveness

at four. cases

along

the southern site boundary. at

the western edge, 400 feet

from

the western boundary,

800 feet from

the

western boundary and

1200

feet from the

western

boundary.

The

fourth case Is within 200 feet of the eastern

property

line.

Our

calculations

assume an infinitely long barrier, which is not the

case

at the

proposed Monee

faollity. If the bermMall ends abruptly at the

east and west ends. noise will diffract (bend

around)

the

ends of

the

barrier.

thus

reducing its effectiveness. Therefore,

provisions must

be

made to

extend

the

barrier

system

to

the

north. This baarder return distance should enclose

truck activities south of the terminal.

For each case, we

modeled two

noise

source

locations and two receiver locations:

0

0

0

q1 - A 13 foot high noise source in the southern parking area (near

southernmost

paved area)

5ý - A 13 foot high noise source near the dock doors (near the northernmost paved

area)

R1- A 5 foot high

receiver

south of the property line in the residential back yaw

R2 - A

second

story receiver in

the

residences

The

location

of

$1 and

S2

assumes

a

200 foot buffer area

which

encompasses

the bennWall

system. These noise

source

and receiver locations were combined p.e., S1

R1)

as

shown

in

the tables below,

In Table 5 below, the noise insertion loss is modeled for a 30 foot high berm/wall system. This

table

shows

that

the line of sight

between

noise sources

and

receivers In intercepted by

the

bermlwall system in all cases.

Predicted Sound Level Emissions at Proposed TNT Facility

In order to predict sound levels on

residential

property due to proposed terminal

operation,

we

have used previous sound level measurements from the Kellogg's Logistics Terminal in.

Minooka Illinois,

a 1,000,000 square

foot facility abutting residential property.

One-third octave band sound level measurements

were

conducted on

July 15, 2003

of three

measured events: General Activity, Spotter Tractor With Backup Alarm and Truck Passby.

Measurement equipment was located near the west boundary (access control fence) at an

average distance of 200

feet

from most activities. Sound level data have been normalized

for

the

effects

of

distance and the

above

barrier insertion

losses have been

applied.

Ordinance. The assumed height of the bermhuall system

In

Table

5 we have

highlighted

octave

band sound levels

that

exceed

the Monee

Noise

S hiner +

Associates,, Ink.

,

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

. JAN.

19.2005

4:35 PM.

LF1

.708

478

7667

Location Finders International, Inc.

Conclusion

Based on ambient

sound

level measurements

at the site, nighttime sound levels will

have. little,

if any,

masking

effects on noise

emitted

from the, proposed TNT,

Facility.

We have

modeled

sound

level

emissions

on the residential property using sound

level

measurements from

the

Kellogg's Logistics Facility

in Minooka, Illinois, a similar trucking

terminal. We have applied insertion losses due to an earthen berm topped

by a solid lance

resulting in

a tierm/wall system height of 30 feet as measured from the rear curb.

These

calculations assume a 200

foot

wide buffer area, which encompasses the berm1wall system.

The modeled conditions wNNý result in a facility that is in substantial compliance with the

Monee

noise ordinance.

If you have questions -regarding this report, please do not hesitate to contact us. .

Very truly yours.

Shiner

+

Associates. Inc. .

Brian L. Homans

BLWIbl20

Shiner

+

Associates, Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

an

OOS4:39Prt

Fax Station

:

rtonee vi I lage

5PM

LFl 708 478 7667. -.

N0. 659

P. 9

Location Finders International, Inc.

October 17,

2003

Table

5.

Insertion

Loss for Berm

with Thirty Foot High

Bermlearrier

:

..

. . Insertion

Loss. dB

J AN.19..2005

*3

Ochve Band

Center

Frequency, Hz,

31.5 83 125

250 500 1000 2000 4000

. .

West

S1 R1 10.3

12.5

14.5 17.6 20.3 22.2 23.2 24.0

SIR2

-

7.8 9.6

11.6 13.6 16.4

19.4

21.6 22.8

iiRI 10.2 12.3 14.3 17.3 20.2 22.1 23.1 24.0

S2R2 7.4 8.7 10.7 12.7 15.1 18.1 20.7 22.4

.

400' West ::

SIR1 10.6 12.8

14.6

18.0 20.8 22.5

23.3

24.2

S1 R2 7.8 9.6 11.6

13.6 16.4 19.4

21.6 22.8

S2R1 102 12.3. 14.3 17.3 20.2 22.1 23.1 24.0

82112

7.4 8.7 10.7 12.7 15.1

18.1

20.7 22.4

800' West

SIR1 10.3 12.5 14.5 17.5 20.3 22.2 23.2 24.0

S IR2 7.8 9.6 11.6 13.6 16.4

19.4

21.6 22.8

S2111 102 12.3 14.3 17.3 20.2 22.1 23,1 24.0

S2R2 7.4 8,7 10.7 12.7 15.1 18.1 20.7 22A

1200' West

SIR1 8.4 10.4 12.4 14.6 17.6 20.4 222 23.2

SIR2

6.4 7.4 9.4 10.8 12.8 15.8

18.8 20.8

S2R1 8.1 10.1 12.1 14.1 17.1 20.1 22.0 23.0

S2112

5.2 15.5 6.7. 8.5 9.7 12.0 14.2 17.0

Key

S1- Facility Moved 100 feet North - A 13 foot high noise source in the southern

parking'area (near southernmost paved area)

S2 - Facility Moved 100 feet North -A 13 foot high.noise source near the dock doors

(near the northernmost

paved area)

R1- A 5 foot high receiver south of the property line in

the residential

back yard

R2 - A second story receiver in the

residences

Shiner

+ Associates,

Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

neýq?

J AN. 19. 2005 4: 35PM

LF 1 708 478- 7 667

L ocation

Finders International,. Inc.

N0.

659

P.

10

October 17,

2003 -

Table 6; Predicted Sound

Level Emissions Due to Trucking

Operations

For Thirty Foot. High Berrn/Barder

(Top of Bermlbartier

a

8411

For

Minooka

Measurements

Conducted with General

Activity,

.

Backup Beeper

and Truck

Passby

Sound pressure

Level, dB re 20 pPa

Octave Band Center Frequency, Hz

r

31.5 63 126

250 600 1000 2000 4000

Criteria .

Monee

72

6 11

-61

. 53 47 41 35 30

lil'mois

69

67

62

54

47 41 36 32

GENERAL ACTIVITY

.

91I

I{

SIR1

59.4 58.2

50.2 39.2 35.4 33.5 30.5 28.7

S 1 R2

59.5 58.7 50.7 40.7 36.9 33.9 29.7 27.5

S2R1

55.1 54.0

46.0 35.0 31.1

29.2

26.2 24.3

S2R2

.

56-7

.66.3

48.3 38.3 35.0 32.0 27.3

24.7

400' West

SIR1

69.0 57.9 49.9 38.7 34.9 33.2 30.4

28.5

SIR2

69.5 58.7 50.7

40.7

36.9 33.9 29.7

27.5

S2R1

55.1 54.0

46.0

35.0

31.1 29.2 28.2 24.3

S2R2

56.7

56.3

48.3 38.3 35.0 32.0 27.3 24.7

800' West

S 1 Ri

59.4 58.2 50.2

39.2

35.4 33.5 30.5

28.7

S1112

59.5 58.7 50.7 40.7 36.9 33.9 29.7 27.5

S2R1

55.1 54.0 46.0

36.0

31.1 29.2 26.2 24.3

S2112

58.7 56.3 48.3 38.3 35.0

32.0

27.3 24.7

.

1200'

West

.

.

SIR1

61.8 60.8 52.8 42,6 38.6 36.8 32.0 30.0

SIR2

81.3

61.3

53.3

43.9 40.9

37.9

32.9 29.9

S2R1

67.3

66.3

48.3

38.3

34.3 31.3 27.4

25.4

S2R2 .

58.8 59.6

52.4 42.6 40.4 38.1 33.9 30.1

BACKUP BEEPER

aArest-

S 1 R1

62.4 58.2 47.2 38.2

34.4

33.5 31.5 25.7

S 1

R2

62.6 58.7 47.7 39.7 35.9 33.9 30.7 24.5

82111 ..

58.1 54.0

43.0

34.0 30.1 29.2 27.2 21.3

S hiner + Associates.

Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

.

Octave Band

Center (Frequency, Hz

31.5

53 125 250 500

1000 2000 4000

S2R2

.

59.7

56.3 45.3 37.3 34.0 32.0 28.3

21.7

400' West

31 R1

62.0 57.9 46.9

37.7 33.8 33.2 31.4 25.5

S 1R2

.

62.5 58.7

47.7

39.7 35.9 33.9 30.7 24.5

S2R1

58.1 54.0

43.0

34.0

30.1 29.2 27.2 21.8

S2R2 r

59.7 66.3

45.3

37.3

34.0

32.0 28.3

21.7

.

800, West

8 i R1

62.4 56.2 47.2 362 34.4 33.5 31.5 25.7

S1112

.

62.5 58.7 47.7 39.7

35.9 33.9

30.7 24.5

S

2R1

58.1 54.0 43.0 34.0 30.1

29.2

27.2

21.3

S2R2

59.7 58.3 45.3 37.3 34.0 32.0 28.3 21.7

1200' West

SiR1

64.8

60.8 49.8

41.6 37.6 35.8

33.0

27.0

SIR2

64.3 61.3 50.3 42.9

39.9

37.9

33.9 28.9

S2111

60.3 56.3 45.3 37.3 33.3

31.3

28.4

22.4

S2R2

61.8 58.6 49.4 41.6 39.4 38.1 34.9 27.1

TRUCK PASS

BY

Wost

S1R1

51.4

53.2 52.2

38.2 35.4 34.5

29.5 23.7

SIR2

51.5

53.7

52.7 39.7

36.9

34.9 28.7

22.5

S2R1

47.1 49.0 48.0 34.0 31.1 30.2 25.2 19.3

82R2

48.7 51.3 50.3 37.3 35.0 33.0 26.3 19.7

400' tN(13ý

'

SIR1

51.0 52.9 51.9 37.7 34.9

34.2

29.4 23.5

SIR2

51.5 53.7 52.7

39.7

36.9

34.9 28.7

22.5

S2R1

47.1 49.0 48.0 34.0 31.1 30.2 25.2 19.3

S2112

48.7 51.3

50.3

37.3 35.0

33.0

26.3 19.7

800'

Weat

S 1 R 1

51.4 53.2

52.2 38.2

35.4

34.5 29.6 23.7

SIR2

51.5

53.7 52.7 39.7 36.9

34.9

28.7 22.5

S2111

47.1 49.0

48.0

34.0

31.1

30.2 25.2 19.3

S2112

48.7 51.3 50.3 37.3 35.0 33.0 28.3 19.7

1200 ' West

.

S1

R1

53.8

55.8

54.8 41.6

38.6

36.8 31.0 25.0

S1112

53.3 56.3 55.3

42.9 40.9

38.9 31.9 24.9

10

Shiner

+ Associates,

Inc.

LF1 708

478 7667.

Location

Finders

Intemational, Inc.

JAN.

19.

2005: 4:35PM

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

JAN.

19-2005'.

4:35PM ý LF1.108 418 1661

.

..

Location Findersa ttemalonal,'lnc. .,

. N0.659. P..12

.

.. .

:

.

.October

17, 2003. " ..

.

., . . . . . .. . . . . Oomare Band Center Freequarm,

Hz . .: .

.

21.8

83. 123 250

.

500

1000 2000

4000

82R7

. 49 .3 51.3 30.3 37.3 34.3

32.3 96.4 20.4

8282

50.8

54.8 54.4

41.6 40.4

38.1 32.9 25.1

.

...

. .

.

. Criteria

.

.

. . ..

.

Monee Ord. Nlte

72 1.67 81 53 47 41 35 30 .

IL Regulations Nile C-A

1.

89 87

j

82 54. 47 41 . 38 32

f

Key

" 81-.Facipty Moaned 100

feet North -A 13 foot high

noise source

In the southem

paridrtg arm

(near souUxmmost paved arse)

.

.

" 82 - Fw f Moved 100

feet

North -A 13 foot high noise source near the dock doom

(near the

porthemmost paved

area)

_

.

" R7 -A 3 foot high

receiver south

of the property line In the residential back

yard

.

" R2 - A second story

receiver

In the residences

. 11 .

.

Shiner + Associates, Inc.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

hp Laser7et 3015

iee-Vi11age

708

534 0694

Jan-19-2005 ...4:41PH

F ax

Call Report

. . Iav00t

,'.

Job

: Date

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Duration

Pages Result

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1/19/2005 4:39:16PH

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ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

:A Study'of

Noise

Emissions

From the. Bailey Ridge Corporate.' Center.

.

.

. f ` .May 7, 2.005 . . .

* *****

DRAgr

**e***

. Prepared

fir:

..

Michael

Grubermam - Village Administrator

Village of Monee

.

5130 W Court Street

Monee, Minob

60449

.

Submittied by.

Acoustic Assodates, Ltd:

Specialists in Hearbgand Acoustics'

305 E. Northwest Hwy . -

.

-

.

. Palatine, Illinois. 60067

.

847-359-1068 .

.

.'

wwwAqusticAwodates.com

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Village

of Monee - Bailly Ridge Corporate Center

T o take noise

samples, we used a high precision sound level meter connected to a hard disk drive recorder. After

the equipment was.callbrated, a digital recording was started and remained on during the entire 2'fz hour vls1L

The equipment

was set up at the first location on the grade level deck in the backyard of 6530 LakevieW Lane, a

home south of the Bailly Ridge. Center. The second location was in the backyard

Noise Level Sampling

con uct

ca, objective evah

assess

the noise emissions from the Bailly Ridge Corporate Center. The noise from this facility

originates from

a

distribution

center

that

operates

from 6:00 AM to 11:00 PM.

The sources of noise

include a number of

trucks

idling

and moving

around the lot area,

backup

alarms,

horns, airbrake

release,

'and impact noise from truck hitching operations. Although there is. a bean that visually

separates the operation from the residential area to the. south, the residents believes this noise has a.

negative impact

on the use and enjoyment of their property. The Village of Monee retained us to .

.

Acoustic

Associates visited the home of Vince Neri at 6530 Lakeview Lane in Monee, Illinois, to

Lab

and Data Analysis

The digital recording

was analyzed in our laboratory to generate 1/3-octave band spectra at 1-second intervals.

The relevant data blocks were extracted to calculate

the equivalent

level (Leq) and

the 90% exceedence level

(Lý at all

octave band frequencies. The Leq is the average sound energy over a stated time. period and is the

accepted environmental noise metric. It is superior to using the "fast meter response" as currently

stipulated in

the Village performance standard for noise (Chapter 10, Section 11-10-2) because of its objectivity, its

-

repeatability, and its

better correlation to human

response to. noise.

In environmental noise assessment,

the

background noise must be quantified because noise limits

should only

pertain to that noise radiated from a facility, not from extraneous locations. In this case, the important

source of

background noise was from I-57. Unfortunately, because

there

was no meaningful length

of time when noise

from

the Center was not audible, we estimated this level by conducting a statistical analysis to determine the

level exceed

90% of the time, a metric known as the Lw level.

This

analysis is only meaningful when the source

noise

is characterized by intermittent or impulsive sound (as in this case). To determine the noise radiated from

the facility, the Lw level is

subtracted

from

the Leq on

a

logarithmic

basis. The result is

the "source noise

emissions level."

Findings .

FIG 1

shows the overall A-weighted Level as a function of time during our visit As you can see, during the 1-

hour sample on the south side, the 1-sec Leq levels ranged from. 43-63 dBA.

On

the west side,

the

levels

ranged

from

42-55 dBA. The estimated ambient noise level was 44 dBA on the south side and 43 dBA on the

west.

FIG

2 shows the octave band spectra for both locations after background noise corrections were made.

These

spectra

represent 5-minute Leqs from 8:15-8:20 PM for the south and 10:05-10:10 PM for the west. As seen in

this figure, the source levels on the south side exceeded the Village of Monee noise limits (shown by

the

columns) for

noise radiated to residential property during nighttime. hours (L e.,10 PM to 7:00 AM) at

the

1000-

and 2000 Hz bands. The source noise emissions to

the west

side

were

found

to

be

within

the

Village limits:

Submitted

by,

Thomas Thunder,

AtiD, FAAA, INCE

Audiologist and Acousl.tCal Engineer

Acoustic Associates, Ltd.

,Page 2

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Village of Monee - Badly Ridge Corporate Center

Fig

1 - Sound Levels Recorded Near Bailly Ridge

P.M. Time in hrs:min

ii

Fig 2 - Frequency Spectra of Bailly Ridge Noise

Emissions

Acoustic Associates,

Ltd.

Page 3

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

A Study

of

.Noise

Emissions : .

From.the

Bailly Ridge Corporate. Center

.1

.

May 7 ,.2005

******

DID******

.

. Prepared

fnr:

Michael Cnubermaon -

Village Administrator..

Village of Monee

5130

W Court Street .

Monee, Minois 60449

Submitted

by:

Acoustic

Assodebm Ltd

Specialists

in Hearing and Acoustics .

.

305 E..

Nmf3 t Hvvy

Palatine, Illinois

60067

.

8 47-359-1068

.

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Village

of Monee - Bailly Ridge Corporate, Center

May 7, 2005

originates.from

a distribution center that operates from 6:00

AM to 11:00 PM. The sources of noise

include. a number

of trucks idling and moving around the lot

area, backup alarms, homs, airbrake

release, and impact

noise from truck hitching operations. Although

there is a berm that visually

separates

the operation from the residential area

to the south, the residents believes this noise has a

negative impact

on the use and enjoyment of their property.

The Village of Monee retained us to

conduct an.

objective evaluation of the noise from

this site.

Acoustic

Associates visited the home of Vince

Neri at

6530

Lakeview Lane in Monee, Illinois,, to

assess

the noise emissions from the Bailly Ridge

Corporate Center. The noise from this facility

Noise Level

Sampling

.

To

take noise samples, we

used a

high

precision sound level meter connected to a hard disk

drive recorder.

Afrer -

the equipment was calibrated,

a digital recording was started and remained on during

the entire 2% hour visit

The equipment

was set up at the first location on

the grade level deck in the backyard of 6530 Lake

view

Lane, a

home south of

the Badly Ridge Center. The second location

was

in

the backyard

no

digital recording

was analyzed

in

our laboratory to generate 1/3-octave

band spectra at 1-second intervals.

The

relevant data blocks

were extracted tD calculate the equivalent level (Leq)

and the 90% exceedence level

(Lso) at all octave band frequencies.

The Leq is the average sound energy over

a stated time period and is the

accepted mviromnantal

noise metric. It is superior

to using the "fast meter response" as currently

stipulated in

the Village performance

standard for noise

(Chapter 10, Section 11-10-2) because

of

its

objectivity, its

repeatability, and its

better correlation to human response

to noise.

Lab and Data

Analysis

In

environmental noise

assessment, the background noise must

be quantified because noise limits should amly .

pertain

to that noise radiated from a facility,

not from extraneous locations. In

this case, the important source of

background noise

was from I-57.

Unfortunately, because there was no meanin

from

the Center was not

audible, we estimated this level by

conducting a statistical

length

of time when noise

analysis to

determine the

level

exceed 90% of the

time, a metric known as the L9o level.

This analysis is only meaningful

when the source

noise

is characterized by intermittent

or impulsive sound (as in this

case). To determine the noise radiated

from

the facility, the Lso

level is subtracted from the Leq

on a logarithmic basis. The result is

the "source noise

emissions level."

Findings

FIG 1 shows the

overall A weighted Level as

a function of time during ourvisit

As you can see, during the 1-

hour

sample on the south side,

the 1-sec Leq levels ranged from

43-63 dBA Can the west side,

the levels ranged

from 42-55

dBA The estimated

ambient noise level was 44

dBA on the south side and 43 dBA

on the west.

FIG 2 shows

the octave band spectra for

both locations after background noise

corrections were made.

These

spectra represent 5-minute

Leqs from 8:15-8:20

PM for the south and 10:05-10:10

PM for the west As

seen in

this

figure, the source levels

on the south side exceeded

the Village of Monee noise limits

(shown by the

columns)

for noise radiated

to residential property

during nighttime hours (.e.,10 PM

to 7:00 AM) at

the

1000-

and 2000

Hz bands. The

source noise emissionsto the

west side were found to be within

the Village limits.

Submitted

by,

Thomas Thunder,

AnD, FAAA, INCE

Audiologist

and Acoustical

Engineer

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

Village of Monee - Bailly Ridge Corporate Center

- --------------------------------------------------------------------------

Fig 1 - Sound

Levels Recorded Near Bailly Ridge

E xceedences

P.M. Time in hm:min

Fig 2 - Frequency Spectra of Bailly Ridge Noise Emissions

C

C

mw

40

20

1

0

- ------------------

s1

53

35

47

41

Q

West Sia. .

a

s <

-------------------

Octave Bend Frequency in Hz

rk

Acoustic

Associates, Ltd.

1

s outh swe

I 'I,

87

South ig

C-3 Manse

Same

Emissions

SWe

Emissions

O6timeted

Becl mund Level

NIghIHme

LhNls

Noles

-SaAh

.- -.Source Noise

- West Side

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

PRESIDENT-TIMOTHY O'DONNELL

ADMINISTRATOR -MIKE GRUBERMANN

ASSISTANT - JOANNE BUCHMEIER

-

.

BUILDING DEPARTMENT.

COMMISSIONER - PAT CASHMAN

INSPECTOR,- ED

BURBANK

VILLAGE OF MONEE

5130

W

COURT STREET.

MONEE, ILLINOIS

60449

MONEE

TOWNSHIP

COUNTY OF WILL .

(708) 534-8635

F AX TRANSMISSION

FROM-(708)53.4-06.94.

TO:

.

V) Yv

c G

F ROM:

RE:

M"aei G

rubermann', Village Administrator

ýý=12

.ýE7014tý7_sT- -

1140,1 07

A)n I s F-=- Ll el-ý 7-S

T HIS FAX

TRANSMITTAL CONSISTS G

AGES

INCLUDING COYER PAGE. IF YOU DO NOT

RECEIVE ALL OF THE PAGES, PLEASE

NOTIFY US, IMMEDIATELY. IF YOU HAVE RECEIVED THIS

FAX

IN

ERROR, N071FY THE

SENDER IMMEDIATELY BY PHONE. THIS FAX CONTAINS

PRNILEDGED

AND. CONFIDENTIAL INFORMATION AND IS INTENDED

ONLY FOR THE USE OF THE

ADDRESS(S) NAMED ABOVE. IF YOU ARE NOT

THE INTENDED RECIPIENT, YOU ARE HERESY

NOTIFIED

THAT ANY DISSEMINATION OR REPRODUCTION OF

THIS INFORMATION IS STRICTLY

PROHIBITED. THANK

YOU FOR YOUR COOPERATIONI

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

11- 10-1: IIVTENT:

Any use already established

in M-1

and

M-2

Districts, after

the effilective date hereof,

shall be so

operated as_to comply

with the performance

standards governing:

noises vibrations, smoke and

particulate matter, toxic

matter, noxious and odorous

matter, fire and explosive

hazards,

flammable

liquids and gases, glare

and heat and radiafon hazards.

(Ord. 961, 2-12-1997, of

11-10.2: STANDARDS:

The following performance

standards, as

well as all applicable Federal, State and Village

standards, shall be adhered to

by

all

uses:

A.

Noise:

1. Measuring

Devices: For the purpose of measuring the

intensity and frequency of sound,

the sound level metes, the octave

band analyser, and the impact noise analyzer shall be

employed. The flat network and

the fast meter response of the sound level meter

shall

be

used. Sounds of

short duration which cannot

be measured accurately with the sound kvd

meter shall be

measured with the impact noise

analyzer. Octave band analyzers calibrated in

the prefined frequencies (American

Standards Association Sl

6-1950, Pry Frequencies

for Acoustical Measurements) shall be used

with the following tables.

2. Exemptions: The following uses and activities shall

be es:empt from the noise. level

regulations:

a.

Noises not directly under control of the property

user.

b. Noises emanating from construction

and maintenance activities between seven o'clock

(7:00) AM and ten o'clock (10:00) PM Such

activities are those which one nonroutine

operations accessory to, the primary

activities and which are temporary in nature, m

conducted

infrequently.

c. The noises of safety signals, warning

devices, and emergency pressure relief valves.

d. Transient, noises at moving

sources. such as automoMes, trucks,,

airplanes and railroads.

3. Maadmum

PermhW Sound Levels: At no point

along the boundary of a "residential

district" or along an "adjacent

lot" shall the sound. pressure

level of any operation or plant

ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006

---

. . DAYTIIIB3 HOURS - 7:00

AM -10:00 P.M.

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District

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ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006