BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

WAYNE HASER,

Complainant,

v.

TNT LOGISTICS

NORTH AMERICA

INC.,

Respondent.

PCB No. 05-216

(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

Respondent,

--

-

-AMERICA-4NC.,

:

-

By: /s/Thomas

G. Safley

One of Its Attorneys

THIS FILING

SUBMITTED ON RECYCLED PAPER

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, 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. Wayne Haser

25763 Willowcreek Lane

Monee, Illinois 60449

by depositing

said documents in the

United States Mail, postage prepaid,

in Springfield,

Illinois on October 17, 2006.

/s/Thomas

G. Safley

Thomas G. Safley

TNTL:002/Fi1/Haser/NOF-COS

- Pre-Hearing

Motion

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

WAYNE HASER,

)

Complainant,

)

v.

)

PCB

No. 05-216

(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

SEQUESTER WITNESSES

TNT moves the Hearing Officer to issue

an Order that all non-party

witnesses for

Complainant and for Respondent

in this matter (that

is, all witnesses other

than Mr. Haser

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 (I11.Pol.Control.Bd. April 1, 1998).

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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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

-

of witnesses that

Complainant identified for

the first time on his Witness List filed

October 2, 2006,

specifically:

"

State Representative,

Debbie Haloversen;

"

Diane

Pieczynski, Village of Monee;

and,

"

Erwin Bogs, former Planning

& Zoning Chairman; Monee.

See Complainant's

Witness List attached hereto as Exhibit A.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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On January 24,

2006, TNT served its

Interrogatories

on

Complainant. 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

11.

TNT's Interrogatories also noted that the Board's Rules require Complainant to

amend his Answers to TNT's Interrogatories whenever "the response is in some material

respect incomplete." Id. at 2 (citing 35111. Admin. Code § 101.616(h)).

Thereafter,

Complainant answered

TNT's

Interrogatories, including Interrogatory

No. 6. See Wayne Haser Interrogatory Responses, attached hereto as Exhibit C, at 1. He

did not,

however, identify Ms. Haloversen, Ms. Pieczynski, or Mr. Bogs, in response to

Interrogatory No. 6 or otherwise. See id. Complainant also thereafter served

"Additions

a cop

y o

which 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

3

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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incomplete.

TNT served a Rule 213 Interrogatory

on Complainant

seeking the identity of

Complainant's witnesses,

and further specifically noted

Complainant's duty to

supplement

his responses to TNT's

Interrogatories. Complainant

answered TNT's Rule

213 Interrogatory, but

did not identify these three persons

as witnesses. Then, after the

Hearing

Officer on September 28th

ordered the parties to file their final

Witness Lists in

preparation for hearing,

Complainant for the first

time identified these persons

as

witnesses

on his 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

three 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 Complainant

from presenting testimony

from any other

witness that Complainant

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

Complainant

from offering into evidence

any document or other

evidence, or utilizing

any demonstrative exhibit,

at hearing which Complainant

did not produce in

response to

TNT's Requests

for Production. TNT

served its Requests for

Production on Complainant

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

4

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

demonstrative exhibit

at any Hearing in this matter."

See TNT's Requests for

Production,

relevant portions of which are

attached hereto as Exhibit E,

at 6. In response

to TNT's Requests for

Production, Complainant produced

certain documents attached

hereto as Exhibit

F. TNT moves the Hearing

Officer to issue an

Order in Limine

prohibiting Complainant

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

Complainant produced in response

to TNT's Requests for

Production, attached

hereto as Exhibit F.

D. Undisclosed

Opinion Testimonv

Fourth,

TNT moves the Hearing

Officer to issue an

Order in Limine prohibiting

Complainant from presenting

any opinion testimony

at hearing which

Complainant 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,

Complainant responded

to TNT's Interrogatory

No. 6. In addition,

the Hearing

Officer twice directed

Complainant to identify

"Complainant's 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 June 5, 2006.

In response,

Complainant filed his

"Additions

to Interrogatory Responses

No.'s 6, 7

& 8; additional witnesses,

as

discussed," a copy

of which is attached hereto

as Exhibit D. TNT

moves the Hearing

Officer

to issue an Order prohibiting

Complainant from

offering any opinion testimony

that Complainant did not

specifically disclose

in response to TNT's

Interrogatories and/or

5

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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in

a disclosure of opinion witnesses

and testimony pursuant

to the Hearing Officer's

Orders setting

deadlines for such disclosure.

IV. RESERVATION

OF RIGHTS

Finally, TNT is

not aware of any other specific

evidence or testimony

which

Complainant intends 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

Complainant 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 Complainant

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,

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

TNTL002/Fil/Haser/Pre-Hearing

Motion

TNT LOGISTICS

NORTH AMERICA

INC.,

Respondent,

By:

/s/Thomas G. Safley

One of Its Attorneys

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Wayne Haser

25763

Willowcreek Lane

Monee, Illinois 60449

PCB 2005-216

To: Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

Thompson

Center, Suite 11-500

100 W. Randolph

Street

Chicago, Illinois 606010

halloranbeipcb.state.il.us

Please

find following, witness list

as requested:

Richard Hannaway, Monee

resident

John & Linda Maracic

Vince

& Jen Neri

Ken Blouin

Dutch'Schurman,

Watch Commander/Will County

Sheriff's Department

State Representative, Lisa Dugan

State Representative,

Debbie Haloversen

County Board Member,

John Anderson

Diane Pieczynski, Village

of Monee

Marty Burke

of LFI

Shiner

& Associates Representative

Erwin Bogs,

former Planning & Zoning Chairman;

Monee

Dr. Thunder, Acoustics Associates

Respectfully submitted,

Wayne Haser

PCB 2005-216

Tom Safley

c/o Hodge Dwyer Zeman

3150

Roland Av

Springfield, 162705-5776

tsafley@HDZLAW.COM

TNT Logistics

2850

S. Ridgeland

Monee, 1160449

O ctober 2, 2006

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

WAYNE HASER,.,

)

Complainant,

)

v.

)

TNT LOGISTICS NORTH AMERICA.

)

.

INC.,.

)

Respondent..

)

PCB No. 05-216

(Enforcement -.Noise)

INTERROGATORIES

NOW COMES Respondent, TNT LOGISTICS

NORTH AMERICA

INC.

("TNT'J,

by its attorneys, HODGE

DWYER ZEMAN, and pursuant

to Section 101.620

of the Illinois Pollution

Control Board's (`Board")

procedural rules,

35 Ill. Admin. Code

§ 101.620,

propounds the following

Interrogatories on

Complainant Wayne Haser, to be

answered within 28 days

after these Interrogatories

are served on Complainant:

INSTRUCTIONS

(a) The Board's

procedural rules require you

to serve your "answers

and

objections,

if any" to the following Interrogatories

on the undersigned

"[w]ithin 28 days

after" these Interrogatories

are served on. you.

See 35111. Admin.

Code § 101.620(b).

(b) 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 35111. Admin.

Code § 101.620(b).

Space has been provided in

which you can set forth your

answers to the

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

prefer to type

your answers into an electronic

version of this document,

please contact the

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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undersigned,

and we will be happy to provide you

an electronic.version of this document

A verification

statement see 7351LCS 5/1-109), signature line, and

space

for

notarizing

also are provided for your use in meeting the

requirement of Section

101.620(b) that

Interrogatories be answered "under oath."

(c) The Board's

procedural rules also require that you

sign

your

answers to

Ill. Admin.

Code § 101.620(b).

(d) If you object to any Interrogatory, please

note that the Board's procedural

rules provide as follows regarding

objections:

Grounds for an objection to an interrogatory

must be stated with

specificity, and be accompanied by a copy of the interrogatory.

Any

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.

35111. Admin.

Code § 101.620(c).

(e) The Board's procedural rules

also require that you amend your

answers to

these Interrogatories in

certain circumstances, stating as follows:

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 Ill. Admin.

Code §101.616(h).

(t)

With respect to

each Interrogatory, in addition to supplying

the

information

asked for and identifying the specific

documents referred to, please identify

all, documents to which

you referred in preparing your answer thereto.

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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INTERROGATORY

NO. 6:

.Pursuant

to Illinois Supreme

Court Rule 213'6(a

copy, of Rihich 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

.

- --- ANSWER:

INTERROGATORY

NO. 7: Please identify

the names and addresses of all other

persons (other than

yourself and persons heretofore

listed) who purport to .have

knowledge of TNT's

alleged violation of 35 Ill. Admin.

Code §§ 901.102, 901.103,

901.104, or 901.106

at Your Property, as alleged in paragraph

5 of your Complaint.

ANSWER:

INTERROGATORY NO. 8: Have you

(or has anyone. acting on your

behal fl had

any conversations

with any person at say time relating

to TNT's alleged violation

of 35

IIl.

Admin. Code §§ 901.102,

901.103, 901:104, or 901.106 at

Your Propertyr or have

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Wayne Haser

Page 1

Interrogatory

Responses

One/a.

Yes

b. As aprivate residence contiguous to complainant, code

no's. 11,110, 1100, 19, 190, and 1900

appear to

define

my home and estate property, as based upon the information supplied

by the

complainant.

Two/a.

Yes

b. The following codes (but not limited to the following codes) apply to my property as per 35

Illinois Administrative Code Chapter 1,

901,

AP.B Subtitle

II codes 73, 74, 741, 7414, 7418, 7419,

7900, 922, 922

Three/ I contend the following define (but not limited to the following) the use of

TNT warehouse: Based

upon 35 Illinois

Administrative Code Chapter 1, Part 901, AP.B Subtitle H codes 42, 422, 4221, 4222,

4229, 51, 511, 5111, 5112, 5113, 518, 5181, 5182,

5183, 5184, 5189, 55,

551, 5520,

63, 637, 6376, 6379,

639, 6399. Further, landowner, developer,

building management and unknown subleases and storage

agreements do and/or potentially allow for the subsequent storage and transportation

of

many

other

unknown

and/or undisclosed commodities, adding to the foregoing codes and concerns. Michelin has

disclosed via e-mail that "many other products" are being stored and shipped at this LFI location.

Printed

copy of email attached.

Four/ a.

Yes

B thru F Please refer to Accoustics Assoc. LYD Sound Studv commissioned by The Village of

Monee attached and details located in that study.

Five/ Vince Neri (neighbor), Roger Harms(Accoustics Assoc Representative) and myself went to a location

on

my property

that was selected by

Mr.Harms based

upon his

expertise.

Mr Harms

set up his equipment

and

instructed Mr. Neri and myself to be completely silent. Upon completion of set - up, all three of us

departed back to the inside of my garage (approx 150 to 200 yards west) and went inside of the garage

and

waited quietly, as directed.

_

c amaway, e eri s, e Kassela's, The Medema's, Ken Blouin, all residents of Monee. In

addition all Village of Monee Trustees, Mayor O'Donnell, Police Chief Can,so and Former Village

Administrator

Gruberman. Village Attorney

Gryczewsld

and

Monee Police Patrolman

Craig and Farias.

State Representative Lisa Dugan. County Board member John Anderson. Marty Burke of LFI. Dave

Murtaugh, Michelin. Shiner Assoc, Inc representatives not

limited to

Brian Homans. Accoustics Assoc

LTD representatives not limited to Thomas Thunder nor Roger Harms. Watch Commander Dutch

Schurman, Will

County

Sheriffs Department. Assistant

State's

Attorney Dant. T. Foulk.

Will County

Sheriffs Dept Incident reports no. 2005-000173. Will County Sheriff Case No's 24-05-1642, 24-05-5890,

24-2005-007738,24-05-8507,24-2005-008053. Will County Sheriff

Deputys

Tumgren, Eichorst, Hickey,

Paterimos, Tumgren.and Deputy Coursey. Paul Dolan, TNT representative.

Seven/Extended family, friends and co-workers

Ei t/All of the above with regard to repetition and duplication of continuous noise violations

Nine/ John & Linda Maracic, Vince & Jen Neri , Ken Blouin and myself.

continued

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

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page 2

Ten/Answer:

Sound Study, Police Reports and all of the foregoing,

but limited to the foregoing. As I am

not an attorney and the 11 EPA advised that I

could file a complaint without an attorney based

upon

existing codes and I have

reviewed with limited knowledge and insight. All

of the above has negatively

impacted and disrupted the quality

of

life

and use of my estate property. In addition,

my property value has

declined and the

noise continues 247 contrary to early testimony on file

in Village of Monee Meeting

Transcripts.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Wayne A. Haser

25763

Willowcreek Lane

Monee, I160449

708/534-3518

To: Bradley

Hallloran

Hearing

Officer

IPCB Chicago fax no.312/814-3669

Thomas Safley

Ho

ge/Dwyer Zeman

S pringfield,

Il E-mail: tsaflevna,hdzlaw.com

Additions to INTERROGATORY

RESPONSES NO.'s

6,7

& 8; additional

witnesses, as discussed.

Thomas Thunder

Acoustic Assoc. Ltd.

Lt. R.M. Schurman

Will County Sheriff

s Dept.

Asst.

States Atty. Dant T. Faulk

Ill.

States Atty. Office, Joliet, Ill

Lisa M. DuRan

Ill. House of Representatives,

79t' District

The above

witnesses can testify to facts, documents,

discussions and provide opinions

based on evidence

and information supplied and developed.

-

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

WAYNE HASER,

TNT LOGISTICS NORTH AMERICA )

INC.,

)

Respondent.

)

Complainant,

v.

)

PCB

No. 05-216

(Enforcement -

Noise).

REOUESTS FOR PRODUCTION

.

NOW COMES Respondent, TNT LOGISTICS

NORTH

AMERICA

INC.

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

Section

101.616

of the Illinois Pollution Control Board's

("Board") procedural rules, 35 IIl. Admin. Code

§ 101.616, propounds the following Requests for Production on Complainant Wayne

Haser, to be answered within 28 days after these Requests for Production

are served on

Complainant:

INSTRUCTIONS

(a) 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 (M.Pol.Control.Bd. June 22,

2000).

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

(b) The Board's procedural rules require that you,

amend your

answers

to

these Requests for Production

in certain circumstances, stating as follows:

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

.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

10.

Please produce

.a

current r6sum6 and curriculum vitae for each

independent or 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

any way 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.

17. Please produce all documents or other items

of

any kind,

other than those

produced in response to the Requests for Production set forth above, which you consulted

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

A Study

of Noise Emissions

From the Bailly

Ridge Corporate Center

May 7. 2005

******

DRAFT **

****

M

idisel cmbftam - vwp Admimsti

itor

vww of Monee

5130 W Court

Street

Monee.Illinois

60449

Aamstic Aeaodates,

Ltd.

Sp

lnHesfandAaawdcs

305 E.

Named Hwy

Paladne.IIllnois

60067

847-359-1068

.com

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Village of Monee - Bailly Ridge

Corporate Center

A coustic 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

se -

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 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.

Noise Level Sampling

To take noise samples,

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

the equipment was calibrated,

a digital recording was started and remained on during the entire 2'h hour visit.

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

Lab and Data Analysis

T he 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

(Lso)

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

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 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 L9o level is subtracted from the

Leq

on a logarithmic basis. The result is the "source noise

emissions level."

Findings

F IG 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 I -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 (i.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, MD, FAAA, INCE

Audiologist and Acoustical Engineer

A coustic Associates, Ltd:

..Page

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

J,'

Village of Monee - Bailly Ridge

Corporate Center

May 7, 2005 .

s

Fig 1 -

Sound

Levels Recorded Near Bailly Ridge

e

70

w

w

40

30

P .M. Time In hrs:min

g ýe4ý&ýis l:$FgE6?3EB

Iý giit$Xa

Fig 2 - Frequency Spectra of

Bailly Ridge Noise Emissions

Acoustic Associates, Ltd.

Page 3

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

A Study of Noise Emissions .

.

From the Bailly Ridge Corporate Center

May 7. =5

******

DPAf ******

Prepm d for:

Miclad Grubwmann- v

f

e Administrator

village of

Manes

.

u

Mona% Illinois 60449

.

Slubnniod

by

Acousdc Amdak.

Ltd.

.

.

.

fit

Sso

f anddomdcs

305 H Nm6vmd Hvuy

Palatine, Illinois 60067

847-359-1068

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Village of Monee - Bailly Ridge Corporate Center

May 7,2005

Acoustic Associates visited the home of Vince Neri at 6530 Lakeview

Lane in Mmree, Illinois, to

assess thenoise emissions from the Badly 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 tracks idling and moving around the lot area, backup alarms, home, 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.

N oise Level Sampling

To take noise samples, we used a high

precision

sound

level meter

connected

to a hard disk drive recorder. Afar

the equipment was calibrated, a digital recording was started and remained of during the entire 2% hour visit

no 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 Badly Ridge Center. The second location was

in

the backyard

L ab 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

blacks

wen

extracted

to

calculate the equivalent level (Leq) and the 9096 e=eedenee level

(Lm) 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 fm noise (Chapter 10, Section 11-10-2) because of

its

objectivity, its

repeatability, and its better correlation to human respomm 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

boekgre>md-aeine-wastmm1.52 Uufartu"ýly,1eca,- 'h

"

m "t gdid

length of time

when noise

.

from

the Center was

not audible,

we

estimated this level by conducting a statistical. analysis to determine the

level excad 9096 of the time, a metric known as

the

Iyo

level. This analysis is only meaningful when die source

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

the facility, die loo level is

subtracted

frgm the Leq on a logarithmic basis. The result is the "so=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 flu 1-.

how

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 Legs 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 dining nighttime hours (r.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.

Acoustic Associates, Ltd.

Page 2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Village

of

Monee

-

Badly Ridge

Corporate Center

r

s

B

40

Fig I - Sound Levels

Recorded

Near Bailly Ridge

Q

SOVW e ma

_4

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

- 4-

--------

west eke

- -f-

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

sii::liIIaIII1012;IIII¬IIiiiiiii

P.M. Time In hrs:min

Fig 2 - Frequency Spectra of Bailly Ridge

Noise

Emissions,

e

9

m

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

4

41

Now

n

e'ý

C EaenWd

Bash

eadpaund

Laval

Q-eA

OMara Nghelna trolls

Ssunx

E:miedans-sadh aids

- -ý suss Noiva Emlwiaw-wet

side .

I

Exeaaden o n

a

t

35

---:ýýi---;' ------------------

"1tif

7

ý

I I I I I I I I ýý

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..

58

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

Acoustic Associates, Ltd.

O ctave Band Frequency In Hi

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

cýiýý,-ý fax

- -

Jan 19 ?005 A:39FI1

fix

Station

Monee VillONe

P .?

JAN.

18

2005. 4:34PM

I F1 708 478

7667

N0.

659. P., I

acv ý

.

V I III iý'r1

; I ýSýVý,ildlýr''ýý

Iýr

oýetYOnn

r*enrmnsý..

coo, tans. soeos w,oýe

as ees4ý+o Fý aý2

eas,ýa

Location Finders

International,

Inc..

9440 Enterprise

Dr.

Mokena, IL 60448

Atbt; Mr. Marty Burke ,f

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,

Illinois.

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 (LotThres).

Measurements were not continuous, but were conducted

in 1tuee 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

Start

stop

Stop

Notes

Date

Time

Date

. Time

October 7

17:55

October

8 00:40 Cabling severed by wildlife

October

9

08:15

October

9

,

12:05 Batteries d

Qctober 9 1

7:10 October 10

07:45 Conclusion of study

Weather conditions

were quite warm with dpybme highs ranging from 81 °

F on October 7 to

73° F

on

October

9. Winds

wen: right

and

from

the southwest on October 7. On the

moving of

October

10,

there

was

no

wind

and a suspected temperature inversion. No precipitation

occurred during the measurements.

The acoustical Instrumentation was located

near

the south property line

at a location 85

feet . .

west and 150 feet north

of

the southeast comer of

Lot

Three. Homes

south of rite

proposed

site

along

Lakeway Drive were clearly

Wrstble.

?fucks 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, CLERK'S OFFICE, OCTOBER 17, 2006

---

JAN.

19.1005.

4:34PM

M

on?e V-ill

LF1 708

478 7667

Location Finders International,

Inc.

October 17, 2003

N0. 659.

.

P. 3

. Lerson-Davis

Laboratorles, Inc.

(LD)

2900

real time analyzer

" LD

2660 112

Inch condenser microphone

LD 9008 microphone p

reamptiller

.

.

" LD

CA 250 m bxphone calibrator

" Extension cables, windscreen

.

" Dwyer Wind Meter,

Thermometer

Calibration of btstrumentstion

was %willed

befaa and

after m easwennents with the microphone

ceibrator. The a nalyzer

was located in

a westhertight box and cabled to the microphone

and

preamplifier

using a 15 foot

extension

cables. The microphone end preamplifier were

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 wero sampled continuously.

Every

5 minutes, the linear

average of, spectra was written to

memory,

the analyzer

was reset and

data were accumulated for another 5 minutes.

Wi4fe

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 and 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 tune history of

ambient

sound level readings

recorded during

the survey.

Table 2 summarizes octave band

sound level results

for the nighttime perlads. At

night, ambient

sound levels are

lowest,

people are most

sensitive

to noise and noise

requirements

or the generation

noise.,

Figure 1.'

Site

Plan

Shiner +Associates, Inc.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

ceiveO Fax

Jan 19

2005

4:39P,1

Fax Station

hlonQe Village

J

AN.

19.

2005 4: 94PM

LF 1708 478 7667

L ocation Finders International,

Inc.

n

n

e

t

a

a

N

a,

F

lguro 3.

TNT TnoklnD

a"lb-Bbnee,

IL.

October a, 2003

w

3 63

Rim

3. TNT lfuddna

alto - man&% It.

tktobar

F0, 2003

.

.

0

N0.

659

P.

4

October

17,2003

e0

7a

10

a n

C

ýao

C

ae

4e

m

?

N al . :r 3 e

Thr

a

oq.1lRýlew

a

Shiner +Associates. the.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

eiveFr Fax

-tan 19 20n; 4-39PM

Fax Station

Monee

Village

p 5

JAN. 19. 2005 4:34PM

LF1 108 418 1661

Location

Finders

International, Inc.

1 4" or Dq.Wradn

Table 2. summary

of

Acoustical Results

Sound. Pressure Level, dB re 20 pPa

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 2345-0510 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 b 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

1-57

and

prevailing winds

are

from the west,

the

October 7-8

ambient

readings likely, indicative of long tern conditions at the site.

Noise Ordinances and Regulations

Village 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 Omits

as measured within a residential

district:

4

Shiner

+

Associates, Inc.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

JAN. 19. 2005 4:34PM

. I F1.

7.08

478 7.667

Location Finders Intemational, Inc.

Table 3. Village

of Monee Performance

Standards

Sound

Pressure

Level. dB

re 20 pPe

Octave Band

Center Froquency, Hl

31.5 68. 125 250 500 1000

2000 4000

8000

Daytime

7

am

to 10 pm

76

71

65

57

51

45

39.

34

32

Nighttime

I'D

pmto7am

72

67

81

53

47

41

35

30

28.

J

The.

ordinance states that Fast meter response (125 ms) shall be used.

No integration time 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

manufacturingAndustrial

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 pPa

Octave Band Center Frequenc , Hz

3 f.

3- 63 125 250 300

1000 2000 4000 8000

Daytime

7amto10pm

75

74

69

64

58

52

47.

43 40

Nighttime

110pmlo7arn

69

67

62

54

47.

41

36

32

32

For

impulsive noises, readings may not exceed 46

d&4 during the nighttime.

Illinois exempla emergency

warning

devices and shell 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 a highway.

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

the

emission

of sound beyond

the boundaries of his

property-so

as to

cause

noise

pollution in

Illinois".

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Fax

J

an 19 2005

4:39P11

Fax Station -

Mocee

Vi11agP

JAN 19. 2005.

.4: 35PNi

LF ( 708

.478.

7.667

Location

Finders International, Inc..

Barrier and

Oerm

Sound

Attenuation

N0.

659

P. 7

Barriers and berms are

capable of

attenuating noise up to a

maximum

of

2224 d8, depending

on site

geometry,

We

modeled

the

sound attenuation

of a berm and barrier

(wall) 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 limited to

3.5:1.

The height of the berm/wall system

was

modeled. to be 30

feet.

high, from the rear of the truck curb

(840 feet ASL).

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

berm

to the .

die western edge, 400 feet

from

the

westem 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,

souin.

We

rhodeled berm

and barrier effectiveness at tour cases along the southern

site

bounday: at

a.

Our calculations

assume

an infinite long barrier, which Is o e case at the proposed M ones

awh . ff the benrtywarr

ends aurup! at m e east and west ends, noise win diffract bend

mad

around

e o

) t

ext

he ends

e nd

of

eme

ar

vamer

sys tem

m us

o e

uc

no

ng

nn.

i e

TMs

c

amer

ness.

retuT rn

re

is

Ure,

ante

provi

ou

sions

en

must bose

tru a

is sou o e terminal.

For

each case, we modeled two noise source locations and two receiver locations:

41

A

13 foot high noise source

in the

southern parking area (near southernmost

paved area)

52 - 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

The location

of

S1

and S2 assumes

a

200 foot buffer area which encompasses the bermlwail

system. These noise source

and receiver locations were combined

0.e.,

$1

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

!able shows that the line

of sight bebeeen noise

sources

and receivers In intercepted

--theby

bermlwaii

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*ird

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 bonier Insertion

tosses have been applied,

In

Table

6 .we have highlighted octave band sound levels

that exceed the Monee Noise

Ordinance. The assumed height

of

the bermlwail

system is also noted

Shiner

+

Associates, Inc.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

31.5

63

125 250 500 1000 2000 4000

West

3.1111 1 0.3

12.5 14.6

17.6 20.3 222

23.2

?14.0

SiR2 .7.6 9.6 11.6

13.6

18.4 19.4 21.8 22.8

S2R1 102

12.3

14.3 17.3

202 -2-2.1-1 -3-12

24.0

S2R2

7.4 8.7

10.7 12.7

15.1 18.1 20.7 22.4

`

400' West

S 1R1 10.6 12.8 14.8 18.0

20.8 22.5

23.3

24.2

SIR2 7.8

9.6 11.6

13.6 18.4 19.4 21.6

22.8

S2R1 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

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 18.4 19.4 21.6 22.8

6 2R1 1 0.2

12.3

14.3 17.3

20.2 22.1

23.1 24.0

S2112 7.4

8.7.

10.7 12.7 18.1 18.1 20.7 22.4

i2 00' West

S IR1

8.4 10.4 12.4

14.6

17.6 20.4

22.2 2

3.2

S1112 1 6.4 1

'

_1.4 _!A

10.8 12.8 15.8 18.8 20.8

32111

8.1 10.1 12.1

'

14.1 17.1 20.1 22.0

n

23.0

S2..R2

N

k

5.2 15.5

1

6.

1

8.5 1 9.7 12.0

ý

14.2

I 7.0

Key

S1 - Facility Moved 100 feel North - A 13 foot high noise source

in

the southem

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 residendal back

yard

R2 - A second story receiver in

the residences

Shiner + Associates,

Inc.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

ivsrý Fix :

Jan l9 2005

4:39PM

Faz

CtatiOn : Monee 'Jiliaae

JAN.-19. 2005

4: 35PM

LF 1708 .478

7667

N0.

659 P.

10

location Finders intemational,

Inc.

October

17, 2003

,

....Table

6. Predicted Sound Level Emissions Due to Trucking Operations

For Thirty Foot High

Berm/Barrier

(Top of BermiBarrier

e

8411

For Minooka Measurements Conducted with General Aclivity,

B ackup

Beeper and Truck Passby

Sound Pressure Level, dB re 20 pPa

Octave Band Center Frequency, Hz

31.5 63 126

250 500

1000

2000

4000

Cn'teria

, .

l

Monee .

72 67 61 53 47 41 35 30

I

Illinois

69 67. 62 54 47

41

36

32

GENERAL ACTIVITY

SIR1

59.4 58.2 50.2 39.2 35.4 33.5

30.5

28.7

1

SIR2

59.5 58.7

50.7

40.7

36.9

33.9

29.7

27.5

82111

55.1 54.0 46.0 35.0 31.1 29.2 26.2 24.3

S2R2

56.7

56.3

48.3

38.3

35.0

32.0

27.3 24.7

400' West

81111

59.0 57.9 49.9 38.7 34.9 33.2 30.4 28.51

SIR2

59.5

58.7

50.7

40.7

36.9 33.9 29.7

27.5

S2111

5 5.1 54.0 46.0 35.0 31.1 29.2

26.2

24.3

S2112

56.7 56.3

48.3

38.3 35.0 32.0 27.3 24.7

8 00' West

S

1111

59.4 58.2

50.2

39.2 36-4 133.5

30.5

28.7

S1

-

-

-

-

S2R1

55.1

54.0 46.0 35.0 31.1 29.2 26.2 24.3

S2R2

58.7

56.3

48.3 38.3 3S.0 32.0

27.3

24.7

1200 ' West

S iR1 .

61.8

60.8

52.8 42,6 38.6 35.8 32.0 30.0

Si R2

61.3 61.3 53.3

43.9

40.9 37.9 32.9 29.9

S2111

57.3

58.3

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

SIR1

62A 58.2 47.2 38.2 34.4 33.5 31.5

25,7

SIR2 - .

62.5 58.7 47.7 39.7

35.9 33.9

30.7

24.5

S2111

.

58.1 54.0 43.0 34.0 80.1

29.2 27.2 21.3

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

2ceivad

Fax

.lýn 19 2005

4:39PM

Fax

Station

MonAe

Village

V

11

1F1. 108 418

7667

Octave Band. Center Frequency, Hz .

.. .. . 31.5 63 125

Z50

500

1000 2000 4000

S2R2

59.7 56.3 45.3 37.3

"7

34.0

1

32.0 28.3

21.7

.

.

400'

West

. 81 R1

62.0 57.9

46.9

37.7 33.9 33.2 31.4 25.6

51

R2 . -

62.5

58.7 47.7

39.7 35.9 33.9 30.7 24.5

52R1

58.1 54.0 43.0

34.0

30.1 29.2 27.2 21.3

S2R2

f

59.7 66.3 45.3 37.3 34.0 32.0 28.3 21.7

800'

West

.

.

S1 R1

62.4 58.2 47.2 382 34.4 33.5 31.5 25.7

St R2

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

21.3

S2R2

59.7 56.3 46.31 37-33

34.0

32.0 28.3 21.7

1 200' West .

. _

. 81R1

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

32R1

60.3 56.3 45.3 37.3 33.3 31.3 28.4 22.4

S2R2

61.8

150.6

149.4

141.6

39.4 38.1 34.9 27.1

TRUCK PASS BY

.

Walt

SiR1

51.4 53.2

52.2 382 35.4 34.5 29.5 23.7

SIR2

5 1.5 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

S2R2 .

48.7 51.3 50.3 37.3 35.0 33.0 25.3 19.7

400! Mf

'

.

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 22.6

S2R1

47.1 49.0 48.0 34.0 31.1 30.2 25.2 19.3

S2R2

48.7 51.3 50.3 37.3 35.0

33.0

25.3 19.7

800' Weat

SiR1

51.4

53.2 52.2 38.2

36.4

34.5 29-6 123.7

Sim

51.5

53.7 52.7

39.7 36.9 34.9 28.7 22.5

S2R1

47.1 49.0 49.0 34.0 31.1 30.2 25.2 19.3

S2R2

48.7 51.3

50.3

37.3

35.0 33.0 26.3 19.7

1

2O

W

west

51 R1

63.8

65.8

54.8 41.6

38,6

36.8 31.0

25.0

Si R2

53.3 56.3 55.3

142.9 140.9 138.9

31.9

24.9

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

JAM.19.2005 4:35PM

1F1:708 478 .1667

. . . . .

locilton Finders k9irnaBonal,

Inc.

..

.

. .

.

Wave Bend Cantor Fnqus nay,

Hz .

.

..

31s e3 123 260 500 1000 2 ar 4000

8281

49.3

51.3 303 37 .384.3 32.8 26A 20.4

8282

60.8 548 54.4 418 40.4 89.1 32A 25.1

Monee Ord.

Nice

72. 87 61 53 4T

41. 36

30

L Regula5ons

Nils C,A 09 67

02

64

47

141

1

311

32

f

.Key

S1- Fecilihl

Moved 100 feet Nqrth -A 13 foot high

noise source in

the

southern

parking

am (new

smAwrrunost pawed area)

32 - Faclilly

Moved 100 feet North -A 13 foot high noise

source near

the dock

doors

(near the northernmost

paved area)

.

R1- A

3 foot high receiver south of the property tine

In the residential

back yard

.

R2 - A second story

receiver

in the

rssidsnces

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Page 1

of

I

r ý:

...'v

l'

D ate:

0211082005 5:12:48

P.M. Pacific Standard Time

From: Dave.Murtaughg-Dus.michelin.com

To:.

oriinalwale491laol.com

1 r

_.

Dear Mr. Haser,

1

Gam'

Subj:

Re: Your comments about TNT

Logistics Drivers

Thank you for contacting

Michelin.

11Vb

are sorry to hear of your complaints, but

we

no longer own or direct, the TNT logistics center you describe

in your message

below.

We will

forward your complaint loo our contact at

TNT

Logistics

for their consideration

-.a

and

s,;

Hý"f,

please note that following TNTs acquisition

of these

..._ý

i n" 6MtosM*aWýship-lrwny

4 ther

Finally, we

urge you to contact your local municipal authorities who

may be able .

to

assist

you with compliance with all noise and zoning ordinances

for your

a rea.

Thanks

again for contacting Michelin.

Dave Murtaugh

Director of Corporate Image

Michelin North

America

One Parkway South

Greenville, SC 29815

N ame: Haser

FirstNams

:

Wayne

Country: United states

E-mail:

originalwale4Qaol.com

Phone: 708-534-3518

F ax

Message

Your TNT warehouse and in specific (the

manager) have no respect and

mostly contempt for its neighbors. I have lived in the country (5 acres) for

21 years in peace. Now you run trucks 24-7 and the noise Issue is humorous loo

your extended

family. How dare you? Have-96b no responsibility? No remorse?

Corporate needs to investigate how your transportation and

logistics leaches

have

soiled your reputation and ruined our country

side horse community. Please

advise.

r'Dý

(-,.ATr II I it

,

j2e1.?1ý`1,Yý

c f. ý

Wednesday, Febnmry 09, 2005 America Online: ORIGINALWALE4

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Page 1 of - 1

Supplements

Incident

No.

2005-000173

Area .

TWrp

Dayrnme

Occured

.. "Doyfrlme

Reported

Status

.

E

210

. 01!041200510:07 AM

T

09

" . .

UCR IC CA CIRC 1)

Offsnw

FE Location

9119

U 009

OTHER INVE

TIAGTIONSfOUASI-CRIMINAL

25763 WILLOW CREEK

M NE

2) .

TyparPlace

M occurance

Code

R

NC RN

290

3)

WaapoMoo

athod

Code Bias

.

UNKN

WEAPONWEAPON

.

95 . 99

4)

was there a vritness:

. Can suspect

be named:

Located:

, IdentMed:

No. Voa1Other

Type Name

.

Sex ' Race 0-

0 . S.

,

1

v

I

WAYNE

A HASER

M

W

11M2M950

Offs Role Inj Emp

Uss

Address

Hong Phone (708)5343518

'

1

N

Y

25768 WILLOW CREEK MQNEE

Work Phone

( ) -

Ags

.

Weight 175 Hair

.

BW

33 0 381-42-8411

S

.

54

.

Height 8'01 Eyes BLU

DLN H280 8815 0322

IL

'

Gang Aff.

Code ChargssMisc.

Narrative:

On 01-04-05 at 10:07 am I was

dispatched to the Haser residence

at 25763 Willow

Creek in .the Whispering

Creek Subdivision

In Monee Tw in reference

to an on oin noise

complaint, Upon

an"Iyal

at 1OAO am the_

un ersigne me with victim ayne

A Heser, who-providad the

foilowing4nformation-in .summary:

-

-

For

the past two months the Michelin

warehouse located

on Ridgeland Ave directly southeast from

his .

residence

that is located in the Village

of Monee has been under.construction..

There has been

a constant

stream of trucks

seven days a week in and out

of the construction site. Now that

the warehouse is

operational, there are trucks being

moved and spotted

as late as 12:00 midnights, causing

a disturbance

and. difficulty in his sleeping.

M r. Haser says he has attended

Monee Village Board Meetings

to complain and makes his

concerns

known and was

advised by Monee that he

would have to make his complaint with the

Sheriffs Department

because he lives in the county.

1-1e requested a report

me made so he had information

to take back to the

village showing

a complaint was made in an attempt

to get them to enforce their

noise. ordinance that he.

believes

they do have, but they will

not provide him to stop the late

night trailers being dropped and

spotted. The trailers

make

a

lot of noise when dropped

from the trailer and a rear

or back-up alarm used

on the spotting truck to move

them.

Mr.

Haser states he has not spoke with management

from Michelin, but intends

to. He also requested a

case report number so that he would

have that to take with

him for that. Mr. Haser was provided

with this

case report number. No further

information at this time.

End.

Will County

Sheriffs Department

Incident Report

J J±

iit (11.

v

r t

M

eriffs

P

ý

I

Z,! nhi

!ý ý

ý

R ONALD 1. COURS

Approving Supervisor

JOUET (615) 727-6191

EMERGENCYae11

r

F?f 10 .ý

r-t

' ! Iýýý

C ASEN

OS /73

0 230

- GARRY KRAEMER

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006

---

Village of Monee - Bailly

Ridge

gorporate

Center

Fig 1- Sound Levels Recorded Near

Bailly Ridge

.

1

IE$a:IIIIII¢IIII¬IIIIII$x:IIIIIIIIIIIIIIIIýýxýý$

P.M. Time in ere:min

A coustic Associates, Ltd

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 17, 2006