BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
KEN BLOUIN,
Complainant,
v.
TNT LOGISTICS NORTH AMERICA
INC.,
R espondent.
PCB
No. 05-217
(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 AMERICA 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. Ken Blouin
6446 Lakeway
Drive
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/B1ouin/NOF-COS
- Pre-hearing Motion
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
KEN BLOUIN,
)
Complainant,
)
v.
)
PCB No. 05-217
(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
Complainant and for Respondent
in this matter (that is, all witnesses other
than Mr.
Blouin
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, 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
First, TNT moves the Hearing
Officer to prohibit the testimony of witnesses that
Complainant identified for the first time on his Witness List filed
October 2, 2006,
specifically:
"
Erwin Bogs, former Village of Monee Planning & Zoning
Chairman.
See Complainant's Witness List attached hereto
as Exhibit A.
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:
2
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
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 35 Ill. Admin.
Code
§ 101.616(h)).
Thereafter,
Complainant answered TNT's Interrogatories, including Interrogatory
No. 6. See Complainant's Interrogatory Responses, relevant
portions of which are
attached hereto
as Exhibit C, at 11. He did not, however, identify Mr. Bogs, in response
to Interrogatory No. 6 or otherwise. See id. Complainant also thereafter
served additions
to his Interrogatory Answers, and an Opinion Witness List, copies of which are attached
hereto as Exhibits D and E, but again did not identify these
persons. See Exhibits D and
E.
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(D 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 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
3
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
213 Interrogatory,
but did not identify Mr. Bogs
as a witness. 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 Mr. Bogs as a witness
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 Mr. Bogs 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
demonstrative exhibit at any Hearing
in this matter." See TNT's Requests for
Production, relevant portions
of which are attached hereto
as Exhibit F, at 6. In response
to TNT's Requests for Production, Complainant
produced certain documents attached
hereto as Exhibit G. TNT
moves the Hearing Officer to issue
an Order in Limine
4
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
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
G.
D. Undisclosed
Opinion Testimony
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 May
31, 2006. In response, Complainant
filed his
Opinion Witness List, a copy
of which is attached hereto as
Exhibit E. 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 in his Opinion Witness List.
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
5
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
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.
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
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA
INC.,
Respondent,
By: /s/Thomas
G. Safley
One of Its Attorneys
TNTL002/FilBlouin/Pre-Hearing
Motion
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
:Mr. Ken.Blouin.
6446
Lakeway-DrNNe.
.
.
Monee,
IUinois
60449
PCB
2005-217.
Bradley
P. Halloran,
Esq.
Hearing
Officer
Illinois
Pollution
Control
Board
James
R Thompson
Center
S idle'11-500
100
W Randolph
Street
"
.
"
.
Chicago, Illinois
60601
.
.
:.
f"".r r
F
,,,1/Jr'?
;g'1i
17Apýý
^..
" Thomas
G. -Sgfelt'
Hodge Dwyer
Zemaw
3150 Roland
Avenue
Springielit
lllinois
62705
TNT
Logistics
25850
S.
Ridgeland
Avenue
Monee,
Illinois
60449
Witness
List
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
R
Tom' Thunder .
Acoustic
Associates
.+
S;
s
233 E. Nortkwest Highway.
.
Palatine, Illinois
60067.
Diane Pieczynski
Village of Monee Trustee
5011 W. Herbert
Court
Monee,
Illinois 60449
(Subpoena)
(Subpoena)
Terry
Craig
Village of
Monee Police Officer
(Subpoena)
5357 W. Main
Street
Monee,
Illinois 60449
Erwin Bogs
Former Village
of Monee
(Subpoena)
Planning
& Zoning
Chairman
,
6655
W. Maple Court
Monee, Illinois
60449
John Anderson
Will
County Board
Of dal
(Subpoena)
5013, W. Main
Street
Monee, Illinois
60449
I
.
Ic
.
.'.I
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Debbie
Halverson
" . .
" State
Senator
241 W. Joe Orr Road
.
.
Chicago Heights,
Illinois 60411
. Marty Burke
L.F.I.
Inc.
9440 Enterprise Drive
Mokeng
Illinois 60448
Vincent
& Jennifer Neri
6530 Lakeview Lane
Monee, Illinois
60449
Wayne Haser
.
25
763 S. Willow
Creek Lane
Monee,
Illinois 60449
John & Linda
Maracic
6512 Lakeway
Drive
Monee,
Illinois 60449
(Subpoena)
(Subpoena)
9
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
KEN BLOUIN,
.
)
Complainant,
)
v.
)
PCB
No.
05-217
(Enforcement -
Noise)
TNT
LOGISTICS NORTH AMERICA )
INC.,
)
Respondent.
)
INTERROGATORIES
NOW. COMES Respondent, TNT LOGISTICS
NORTH
AMERICA
INC.
(`°TNT'I 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 Ken Blouin, 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 35 Ill. 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, OCTOBER 17, 2006
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 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
these Interrogatories and sign any objections you make to these Interrogatories.
See 35
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.
35
Ill.
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 IIl. Admin. Code §101.616(h).
(f)
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, OCTOBER 17, 2006
. 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 winnen - 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:
.
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 Proper y, as alleged in paragraph 5 of your
Complaint.
.
ANSWER:
' IIVTERROGATORY NO. 8: Have you (or has anyone acting on your behalf) had
any conversations with any person afany time relating to TNT's alleged
violation of 35
111..
Admin. Code §§ 901.102,901.103, 901.104, or 901.106 at Your hoer r, or live' .
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KEN BLOUIN, . .
Complainant,
v.
)
PCB No. 05-217
(Enforcement - Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
Respondent.
)
INTERROGATORIES
NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA
INC.
("T1VT'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
Ken Blouin, 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 35
Ill.
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, OCTOBER 17, 2006
INTERROGATORY
NO. 6:
Pmsumit 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
m atter
and all other information
required for each witness.
.
.
. .
. ANSWER:
. see
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IIJTERROGATORY
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:'
S'pe.
.
P
C
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r
'''
cam.ý /.
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rý
S am/
IIMIRROGATORY
NO. 8: Have
you (or has anyone acting on your
bAO had'
any conversations
with any person at any time relating
to TNT's alleged violation
of 35,
IIl.
Admix. Code. §§ 901.102, 901.163,
901.104, or 901.106
at
Your
Property. or have . .
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Thomas Safley
F rom: ken
[pengo73@sbcglobal.net]
Sent: Monday,
May 22, 2006 5:50 PM
To:
tsafley@hdzlaw.com
Subject: PCB2005-217
i
Page 1 of 1
ý L.
o
aZ
-V
Ken Blouin
6446 Lakeway
Drive
Monee, IL 60449
708 337 5240
Thomas Safley
Hodge, Dweyer and Zeman
3150
Roland Avenue
Springfield, IL
62705
Mr Safley:
I neglected to
add two names to my witness list for PCB2005-217.
Please add the following names
and
information.
Thank you,
Ken Blouin
Acoustic Associates, Inc.
Specialists in Hearing Acoustics
Mr. Thomas Thunder,
AuD, FAAA, INCE
Audiologist and Acoustic
Engineer
305 E Northwest Highway
Palatine, IL 60067
Shiner &
Associates, Inc
Acoustic Engineers
Brian Homans
One North
Franklin St.
Chicago, IL 60606
5/23/2006
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Thomas Safley
From:
ken [pengo73@sbcglobal.net]
Sent:
Sunday,
April 16, 2006 9:32 PM
To:
tsafley@hdzlaw.com
Subject:
PCB2005-217
Mr Safley,
The list of names sent
March 20th wass in response
to Hearing Officer's
request for
opinion
witnesses by April 15th,
but should also meet the
requirements of your
interrogatory # 6.
All witnesses listed
have first
or second
hand knowledge of noise
emanating from property
controlled by TNT
Logistics. Mr. O'Donnell
and Mr. Burke can give
witness that they
were
aware of possible
noise issues before
construction began
on said property. Mr.
and Ms.
Neri, Mr. Haser, Mr. Maracic,
Mr. Craig, Mr. Caruso,
Mr. Farais, can
give first hand
accounts of
hearing noise emanating
from property controlled
by TNT Logistics. All
other
persons listed can give cooperative
testimony,
and may or may not be able
to testify as to
hearing noise themselves.
Mr. Grubermann,
Mr. O'Donnell,
and the listed Village of
Monee
trustees
can give testimony
stating that they are
aware of a sound study
conducted by
Acoustic Associates
LTD dated May
7th, 2005. All listed village
officials can testify
to
the numerous
efforts made before,
during, and after
construction to control
and eliminate
excessive
sound from
property
controlled by TNT Logistics.
All listed
village officials can
give testimony to the
numerous noise complaints
filed since construction
began on property
controlled
by TNT Logistics.
Thank you
for your continued efforts
to rectify this
matter, and your time
and patience as
I attempt
to meet all
legal written and
verbal requirements of this
process.
Ken Blouin
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
-7-/VTL
: `j
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Y106
The following is a list of complainants
opinion
witnesses
for PCB # 05-217. All names
below can testify to
the
noise levels observed
at
6446 Lakeway Drive. Where no address
is listed, the witness can be contacted at the Village of Mopes City Hall
5130 Court Street
Monee, IL
60449
708 534-8301
d
Marty Burke, Location Finders IntermationaL 9440 Enterprise Drone, Mokena, IL 60448
John and Linda Maraca 6512 Lakeview, Monw, IL 60449
r Robert r.Kasfla,
Jr A KOe
R. Kassele 8810 Lakeview
Lane MOrtse;_ IL 60448
Vkxxnt
ds jMrWw
Nevi
8530 Ldcsview Lane Monee,
IL 60419
Wayne Maser 25763
Wgowcreek Lane
Monee, IL 60449
Kenneth E Msdernab .Ic
MW
Lakeview
Lane Monse, IL
ONO
TkrWV
P. O'Donf A (Mayor
of Village of Mores) 25818
Pinshwd Dr. Monee,IL 80445
Russel Cameo (Police
Chief of Vilege of Mones) address
unknown
Dan Orgemwski
(Trtilee of Vfps
of Man")
5043
W. Augueta Blvd. Manse,
IL 80445
Kelly
Jensen (Trustee of Vilags of Manes) 5401
W.
Mill
St. Manse, IL 80449
Henry May (Trustee
of Vilape
of Manse) 25727 8. MdCadde Ave. Mortm
IL
80448
David Siaddon {Tnntn of
Vila®e
of
Manse)
25702 S.
Violet Lane Mom, IL 80445
Amy Mayor
(Trades
of~
of Manse) 5310 W. Court SL Manse,
IL 80449
Diana Pbc=tskl (Trustee of
Vilso
of
Monea)
5011 W. Herbert CL
Moues. IL 60449
Berry Sieron (Fomrer Trustee of
Viiags of
Manse)
4930 W. Msrparet St Manes, IL 80449
Minimal avberncrrn
(Former Yilage Ad ra4w of Vfpe of Manes) address unknown
moved out of etc
Larry CW=swalai ~ Idlorney of V®spe of Monee) Ofe s1:1100 Raainie
Pl.
Orlsad park. IL 60482
Tertv
Craig
(Patralman of Village of Manes) address unknown
Peter Fades (Patrolman of
Vlllpm
of Manse) address unknown
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
KEN BOULIN,
)
.
).
Complainant,
)
v.
)
PCB No.. 05-217
(Enforcement - Noise)
TNT LOGISTICS
NORTH AMERICA. )
INC.,
)
Respondent.
)
REEOUESTS 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.
Admire Code
§ 101.616, propounds the following Requests for Production on
Complainant Ken
Blouin,
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 PCB No. 97-9,2000 III. ENV LEXIS 410
(II1.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, 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 wayto 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, OCTOBER 17, 2006
MONEE POLICE DEPARTMENT
MEMO
DATE:..
,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 parked in
front
of
6512
W. Lake Way
Drive
with my engine
turned o$ car radio
turned off. 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
off,
car radio
turned of£ 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 ofthe
TNT Logistics building.
One of
the truck drivers sounded a
very
loud bullhorn for about
5 seconds. After approximately 20
minutes of being
stationary
I heard
a
commercial
jet
fly overhead
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 at W.
Lake
Way Dr. on June 06, 2005
1030 hours to 1100 hours
r
I parked
in front
of
6446
W. Lake Way
Drive
with
my
engine
turned ofý car radio
turned off. T 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 oit 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
LF
1 708 478 1667
A ccusticaltngineers
N0.
659
P
2
%ji1 in iii , Ids
zPuud«6, Inc.
O
ne
North Franklin St., Chicago. Illinois sosoe Phone
912
6 4MMO F
ax 312 949.3344
C-oI L
ý cý
-
ýl ý1-
6a
ýo
Location
Finders International, Inc.
944D Enterprise Dr.
M
okena,
IL 60448
Attn: Mr. Marty
Burke
Re: TNT Trucking Terminal
Monee, Illinois
Dear Mr. Burke:
October 17, 2003
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 (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
N otes
October 7 17:55 October 8 00:40 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 the.southwest on October 7. On the morning 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 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 TN'(
facility. Figure
1 is a site plan
showing the
location of measurement microphone. .
The following instrumentation was
utilized:
p
\
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
1
,
JAN.
19.20D5
4 :34PM
LF1 706 478
7667
N0.
659
P. 3
Location
Finders
International, Inc.
October 17, 2003
Larson-Davis
Laboratories, Inc.
(LD) 2900
real time analyzer
" LD 25601/2 inch condenser
microphone
to
9008
microphone preamplifier
LD CA-250 microphone
calibrator
" Extension cables, windscreen
" Dwyer
Wind
Meter,
Thermometer
Calibration of instrumentation was verified
before and after measurements
with the m1crophone
calibrator.
The analyzer was
located
In a
weethertight
box
and cabled to the microphone
and
preamplifier using
a 15 foot extension
cables. The microphone and
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 an averaging time of 5
minutes.
Data were
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.
Wildlife 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
Microphone
Location
2
Shiner
+Associates,
Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
. JAN. 19..2005 4:34PM
LF1 708 478 1667
l ocation Finders International, Inc.
N0.
659
P.
4 -
October 17, 2003
ring a1 Day, HreYe
.
F igure 3.
TNT
Trucking fate - Monet, It.
October
8, 2003
S hiner + Associates, Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
JAN.
19. 200.5
4:34PM
m
Location
Finders International, Inc. .
F lgare
4. TNT TMekln0
Sib - Money IL
October 9.10,2005
N
e
L
1
45
8e
A
LF1 708 478 7667
N0. 659
P..
5
October
17, 2003.
t
1 H 80 . 8S H H 11 1 A
1
3
1 l "
r n.
010q.11rade
Table
2. Summary of Acoustical
Results
Sound Pressure Level, dB re 20 pPa
Date
Time
Octave Band Center Frequency, Hz
.
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 13.3 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 74
ambient readings
likely indicative
of long
term conditions at the
site.
Noise
Ordinances
and
Regulations
Vllaae 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:
4
Shiner
+
Associates, Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
ecaivaý Fax
Jan
19 2005 4:39PM
Fax Station : Monee Village
Location
Finders
Intemational, Inc.
October
17, 2003
Table
3.
Village of Monee Performance
Stan
Sound Pressure Level,
dB re
20, pPa
Octave
Band Center
Frequency, Nx
31.5
63 125
250 $00 1000 2000
4000 8000
Daytime .
7 am to WPM
76
71 ... .
65
57
61
45
39
34
32
Nighttime
.
10prnto7am
72
67 . 61
.
53
47
.
41
35
30 28
The ordinance states that Fast meter response (125
ms)
shall
be used. No integration dme is
specified.
For transient noises, peak readings may not exceed 80 dB. ..
Monee exempts the following uses and activities:
LF1
708 478'7667
NO. 659 P. 6
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 pPa
Octave
Band enter Erequency,H-
31.5
f3
125
250
500 1000 2000 400
Daytime
7
am to 10 pm
75
74
69
64
58
52
47
43
Nighttime
.
7
10 pm to 7 am
6g
67
62
54.
47
41
36
32 32
Fat
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
a highway.
.
Illinois also guards against
nuisances
by stating, "No person
shall
cuase or allow the emission
of
sound beyond the boundaries of his
property ...
so as to
cause noise pollution
in Illinois".
Shiner +Associates, Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
ýceiv2d
Fax
J an 19 2005
4:39PM
Fax Station :
hlonee Village
0
J AN.
19.
2005 4:35PM
LF 1708 478 .7667
Barriers and berms are
capable
of attenuating noise up too
maximum of 22-24
dB, 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 berm1wall 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 fiat
from the base of the berm
to
the
south.
We modeled berm and
b mer 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
facility.
If the
bemJWall ends abruptly at the
east
and
west
ends,
noise will diffract (bend
around) tho ends, of
the.barder thus
reducing Its effectiveness. Therefore, provisions must be
made
to
extend
the barrier system to the north. .This barrier return
distance should enclose
truck activities south of the terminal.
F or each case, we modeled
two
noise source locations and two receiver locations:
131- A 13 foot high noise source in the southern parking area (near southernmost
paved area)
S2 -
A
13 foot high noise source near the dock doors (near the northemmost paved
area)
RI -A 5 foot high receiver south of the property line in the residential back yard
02 - A second
story receiver
in the residences
The location of 31 and
S2
assumes
a 200
foot
buffer
area
which encompasses the
bermhvall
system.
These
noise
source and receiver locations were combined
(i.e..
S1 R1) as
shown
in
the
tables
below.
In Table
5
below, the noise insertion loss is modeled for a 30 foot high bermlwall system. This
tabl"hows-that
theiine-ofafgh
e
sources
an
receivers in intercepted by the
bermlwall system
in
all cases.
Predicted Sound
Level
Emissions at Proposed TNT Facility
Ordinance. The
assumed height of the
berrmwall
system
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.
.
.
In Table ti we have highlighted octave band sound levels that exceed
the
Monee
Noise
Location Finders International,
Inc.
October .17, 2003
'Barrier
and
Berm Sound Attenuation
Shiner +
Associates.
Inc.
r
ti.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
týceivacý Fax
Jan 19 ?005 4c39Ph1
Fax Station ý
htonee Village
JAN. 1 9.2005
4 :35PM
LF1
708.478
7667
Location Finders Intemational, Inc.
N0.
659
B ased on ambient
sound
level measurements
at
the site,
nighttime sound levels will
have
rttle,
it 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 fence
resdting in a berm/wall system height of 30 feet as measured from
the rear curb. These
calculations assume a 200
foot
wide buffer area, which encompasses the berm/walt
system.,
The modeled conditions w 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.
S hiner
t
Associates. Inc.
Brian L. Homans
BLWib/20
Shiner
+
Associates, Inc.:
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ice-fveý`1 Fix :
-
Jan 19 ?DOS d-.39Ph1
Fax Station : hlonee Village
J
AN..19.
2005. 4:35PM
LF 1 708 478 7661.
L
ocation
Finders
International, Inc.
P.
. 9
October 17,
2003
Table
5. Insertion Loss for Berm
with Thirty
Foot High BermlBarder
Insertion
Loss. dt3
. -
Octave
Band
Center Frequency, Hz
31.5 63
125 250 500 1000 2000
4000
West
-
91R1
10.3 12.5 14.6
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
Si R1 10.2 12.3 14.3
17.3
20.2 22.1 23.1
24.0.
82R2 7.4 8.7 10.7
12.7 15.1
18.1
20.7 22.4
400' West
.
SIR1 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 16.4 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 6.7 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
S2R1 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 22.4
1 200' West
SIR1 8.4 10.4 12.4 14.6 17.6 20.4
222 23.2
S1R2 6.4 7A 9.4
10.8 12.8
15.8
18.8 20.8
82R1 8.1 10.1 12.1
14.1
17.1 20.1 22.0
23.0
S2R2 5.2 5.5 6.7
8.5 9.7 12.0 142 17.0
Key
S1 - Facility Moved 100 feet 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 properly line in the residential back yard
R2 - A second
story
receiver in the residences
Shiner
+ Associates,
Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
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19 ?C05
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Mgnee Village
JAN. 19. 2005 4:35PM
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659
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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 BermlBarder a 841'
For
Minooka
Measurements
Conducted With General Activity,
B ackup Beeper
and Truck Passby
Sound Pressure Level, dB re
20
NPa
Octave Band Center Frequency, Hz
!,.
31.5 63 125 250
500
1000
2000
4000
Criteria
Monee
72
67
61
.
53
47
41
35 30
Illinois
69 67 62 54 47 41 38 32
GENERAL ACTIVITY
-
tw
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 27.6
S2R1
55.1 54.0
46.0
35.0 31.1 29.2 26.2
24.3
82R2
56.7
56.3
48.3
38.3
35.0
32.0
27.3 24.7
400' West
SIR1
59.0
67.9 49.9 38.7 34.9 33.2 30.4 28.5
SIR2
59.5 58.7 50.7 40.7 36.9 33.9 29.7
27.5
S2 R1
55.1 54.0 46.0 35.0 31.1 29.2 28.2
24.3-
S2112
56.7
56.3
48.3 38.3 35.0
32.0
27.3 24.7
800' West
S 1 R1
59.4 58.2 50.2 39.2 35.4 33.5 30.5 28.7
6
.
-27-.5-
S2R1
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
1200
'
West
S1 R1
61.8 60.8 52.8 42.6 38.6 35.8 32.0 30.0
SIR2
61.3
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 BEE PER .
Wad`
S1 R1
62.4 58.2 47.2 38.2
34.4
33.5
31.5 26.7
S
1 R2
62.6 58.7 47.7 39.7
35.9 33.9
30.7
24.5
S2R1
58.1 54.0 43.0 34.0
$0.1 29.2 27.2
21.3
Shiner +
Associates. Inca
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
2ýcPivRd Fa-x :
Jan 19 2005 4:39Pb1
Fax Station :
Monee
Villane
p
11
Location Finders
International, Inc.
19'. 2005 4:35PM
Octave Band Center Frequency, Hz
31.5 63 128 250 500
1000 2000
4000
S2112
59.7
56.3 45.3 37.3 34.0 32.0 28.3
21.7
.
400' West
81
R1
82.0 57.9 46.9
37.7 33.9 33.2 31.4 25.5
S1 R2
62.5
58.7 47.7
39.7 35.9 33.9
30.7
24.5
S2R1
58.1
64.0 43.0 34.0 30.1 29.2 27.2 21.3
S2R2
59.7 66.3
45.3
37.3 34.0 32.0 28.3 21.7
800' West
.
81 R1
62.4 58.2 47.2 38.2 34.4 33.5 31.5
25.7
S1112
82.5
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 56.3 45.3 37.3 34.0 32.0 28.3 21.7
1200' West
81 R1
64.8 60.8 49.8 41.8 37.8 35.8 33.0 27.0
SIR2
64.3 61.3 50.3 42.9 39.9 37.9 33.9 26.9
S2111
60.3 56.3 45.3
37.3
33.3 31.3 28.4
22.4
S 2112
61.8 59.6 49.4 41.6 39.4 38.1 34.9 27.1
TRUCK PASS
BY
.
Walt
.
S1R1
51.4 53.2 52.2 38.2 35A 34.5 29.5 23.7
S1 R2
'51.5 53.7 52.7
39.7
36.9
34.9 28.7
22.6
S2111
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 26.3 19.7
400'
i1JW
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
S2112
48.7 51.3 50.3 37.3 35.0
33.0
26.3 19.7
800' West
SIR1
51.4 53.2
52.2 38.2
35.4
34.5 29.5 23.7
S1 R2
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
S2R2
48.7 51.3 50.3 37.3 35.0 33.0 28.3 19.7
1200' West '
.
S1 R1
63.8 65.8
64.8 41.6 38.6.
36.8 31.0 25.0
S1 R2
53.3
56.3 55.3
42.9 40.9
38.9 31.9 24.9
tiv
Shiner + Associates, Inc.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
.
.:
" ' JAN.
19..2005
.4:
35PM
.. LF I
.7.08
478 7661.
.N0.;
659..
..
. .P:
.12
. . .
Locdon Finders
International,
Inc.
.
. .
Oateve
and
Center Frequency.
Hz
.
. : . . 31.8
63 125 Zero 600
1000 200 4000
8281
.
49.3 51.3 50.3
37.3
84.3 52.8 26A 20.4
82R2
50.8 54.854.4 41.8 40.4 89.1 32.9 28.1
Monee Ord. Nine
72 67 61 83 47 41. 35
30
IL Regulations Nib C-A Be
87 82
64 47
41 38
32
Key
" 81- Facility
Moved 100
feet North -A 13 foot high nobe source in the southern
. . parking area (rxer
soutlamrnost paced
area)
82 -
Facility
Moved 100 feet North
- A 13 foot
high noise source near
the dock doors
(near the horthemrnost paved area)
.
R1-A S foot high receiver south
of
the
properly
Brie In the residential
back yard
R2 - A second story receiver In the residences
.11.
Shiner.* Assoclates,
Inc.
.
..
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
"
hp LaserJet -.3019
.lee Vi11age
708 534 0694 " I . "" "
Jan-19-2005. 4:41PH
Fax Call Report
.
..
'Job "" " Date
" " Time
Type
Identification Duration
Pages'-.: " Result,
114 1/19/2005 ". 4:39:16PH Receive
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ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
PRESIDENT-TIMOTHY
O'DONNELL
VILLAGE OF MONEE
ADMINISTRATOR
- MIKE GRUBERMANN
5930 W COURT STREET
ASSISTANT.-
JOANNE BUCHMEIER,
MONEE,
ILLINOIS. 60449
BUILDING DEPARTMENT:
MONEE TOWNSHIP
COMMISSIONER
- PAT CASHMAN
COUNTY
OF WILL
INSPECTOR-
ED BURBANK
(708) 5348635
F AX TRANSMISSION
FROM-(708)534-0694
.
..
TO:
ý
ru
c
ý /ý
r
k,.I
FROM:
Michael Grubermann,
Village Administrator
T HIS FAX TRANSMITTAL
CONSISTS O
IA.
AGES
INCLUDING
COYER PAGE. IF YOU DO NOT
RECEIVE
ALL OF THE PAGES, PLEASE
US IMMEDIATELY.
IF YOU HAVE
RECEIVED THIS
FAX
IN ERROR, NOTIFY THE
SENDER IMMEDIATELY
BY PHONE. THIS FAX CONTAINS
PRIVILEDGED ANb CONFIDENTIAL
INFORMATION
AND IS INTENDED ONLY
FOR THE USE OF THE
ADD RESS(S)
NAMED ABOVE. IF YOU
ARE NOT THE INTENDED
RECIPIENT, YOU
ARE HEREBY
NOTIFIED THAT
ANY DISSEMINATION OR
REPRODUCTION OF THIS INFORMATION
IS STRICTLY
PROHIBITED.
THANK
YOU FOR YOUR COOPERATIONI
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Any use already established in M-1
and
M-2
Districts,, aft the effective date hereof;
shall be. so
operated as to comply with the performance standards
govermng: noises vibrations, smoke ad
particulate matter, tonic math, noxious and odorous
matter, fire and explosive hazards,
flammable
liquids
and gases, glare and heat and radiation hazards. (Ord. 961, 2-12-1997, efE
2-22-199'
11-1072:
S
TANDARDS :
The following performance standards, as
well as
all applicable Federal, State and Village
standards, shall be adhered to by alt uses:
A Noise:
1. Measuring Devices: For the purpose of measuring the intensity and frequency of sound,
the sound level meter, the octave band analyzer, 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 me ssiu)d accurately with the sound level
meter
shall be measured with the impact noise analyzer. Octave band analyzers calibrated in
the prefned frequencies (Amearcan Standards Association S16-1950, Preferred Frames
for Acoustical Measurements)
shall be used with the following tables.
options:-The-fallo uses- and a
shaU be
.
ý
:
fro+ themoise.level
regulations:
.
.
a
Noises
tot directly
under
control of the property user.
b.
Noises
emanating fom
constnutioa and maintenance. activities between seven ddock
(7:00) A.M. and ten Alock
(10:00) P.1VL Such activities are those which are nonrcutine
operations accessory to the primary
activities and which are temporary in nature, or
conducted infrequently.
c. The noises of safety signals,
warning devices, and emergency pressure relief valves. .
d. Transient noises at moving sources such
as automobiles,
trucks, airplanes and
railroads..
3. Maximum Permitted 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
...Feb
28
2005
f:OIPM Monee
YillaCe
..
VUH b3'f UUbt.
.
.
..
eaoceed the de" Haifa in
the
octave.baa&
dasigaaftd below.
. .
.
.
.. . .
MAXIM"
P13R110.TTID SOUND
LEVEL
.. ..
. .
(In Decibels)
DAYTBM HOURS.- 7:00.A L -10:00
P.M.
.
.
Octave 1W
. (11)
Along'
Pt+ef+ared Center
. Residence District
Adjacent Lot
mm WNW
.
.
.
B(i.mdmiei
B oundaries
3 1.5
. .
.76
.79. . .
63
.71
74
125
65
69 .
250
57 .
64
500
51
58
1,000
45
.52
2,000
39
47.
4,000
34
43
8,000
32
40
NMMTDM
HOURS -10,00 PM -7:00 A11L
(1)
..
(11)
Octave Bend
'Along
Along
Pct Center
Residence District
Adjacent
Lot
.
Psooýý-srýý
ý~
31.5
.72 .
79 ..
.63
.67
74
.
P .ý
125
.. 61
. 68
.
250 .
53
60
.
500 .
.. .
..
47. . .
..
.53 .
.1,000
, 41
47
..
2,000
..
35
41.
:.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
,.Feb 28 2005 4:02PM , Monee'
Village
708.534 0694
P.4
0
.
immml
am= shell not eýomd
the Mowing
peels iomuum:
.
.
-
.
... :
. .
.
,
9,000
.
.
.29.
.
. ,
34.
.
.
4,000
.
.
.
.30.
r.
,
.
.
.. .36:.
. ý Reaideaee
District
. . .
ý
.
. ý
Adj
Lot
Houada©ý
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
A
Study of Noise Emissions
From
the..Bailly.Ridge Corporate Center
May 7, 2005 .
* *****
DRAFT ******
. Prepared
1br.
Michael Grubermam - Village Administirator
Village of Monee,
5130-W Court
6treet
Monee,
Illinois 60149
Submitted by.ý
. Acoustic Associates, Ltd.
Sperm in Headagand
Aoousdcs
305 E.
Northwest Hwy
Palatine, Illinois
60067 .
847-359-1068.
.
vrrww.AcousticAsweiates.cG'nI
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Village of Monee
-
Bailly Ridge Corporate
Center
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 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
t0
assess the noise
emissions from the
Bailly Ridge
Corporate
Center. The noise from
this facility
Acoustic Associates
visited
the home
of Vince
Neri at 6530 Lakeview Lane in
Monee,
Illinois; to
conduct an objective evaluation of the noise fror
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 Lakeview lane, a
home
south of the Bailly Ridge Center. The second location was in the backyard
Lab and Data
Analysis
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.
.
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 9096 exceedence level
(Lg@ at all octave
band
frequencies. The Led is the average sound energy over a stated tune
period and
is the
accepted
environmental noise metric. It is superior to using the "fast meter response" as currently stip0ated in
in emrironmental 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 9096 of the time, a metric known as the Lý 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 Lgo level is subtracted from the Leq on a logarithmic basis. The result is the "source noise
emissions
level."
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 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, AhD, FAAA, INCE
Audiologist and Acousi:lcal Engineer
Acoustic
Associates, Ltd.
_Page 2
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Village of Monee
- Bailly Ridge Corporate Center
a
m
d
0
N
a
Fig 1.- Sound Levels Recorded
Near Bailly Ridge
I I o
a I ;I;doIIIIII m ý ý Y
i i
P.M.
Time
in hmmin
F ig 2 - Frequency Spectra of Bailly Ridge Noise Emissions
a
§
a R
m 1' C1
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
.'A
Study
of Noise Emissions.
From the Bailly
Ridge Corporate
Center
..
May .7, 2005
******
DRAFIr ******
. Prepared
for:
.
Michael Gcubermann
- Village Administrator
Village of
Monee
5130 W Court Street
MonM Illinois 60449
Submitted by:
.
.
Acoustic Associates,
Ltd.
Spedalists
inHearir{gandAcmsfcs
305 I:. Northwest
Hwy
Palatine, Illinois 60067
847-359-1068 . '.
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
conduct an objective
evaluation of the noise
from this site.,
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 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
Acoustic Associates visited
the home of Vince
Ned at 6530 Lakeview
Lane in Monee, Illinois,
to
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'h hour visit.
The equipment
was set up at the fast 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 -
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
t D calculate the equivalent
level (Leq) and the 90'/o exceedence
level
(L90 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
frcni 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 L so 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
W
level is subtracted from the Leq on
a logarithmic basis. The result is the "source
noise
emissions level."
ý 'in
,
muse
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 firom 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
spectm for both locations after background
noise corrections were made. These
spectra represent
5-minute Leqs from 8:15-8:20 PM far 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 (La., 10 PM to 7:00 AM) at the
1000-
and 2000 Hz band. The source noise emissions
to the west side were found to be within the Village Emits.
Submitted by;
Thomas Thunder,
AuD, FAAA, INCE,
Audiologist and Acoustical Engineer
Page 2
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
Exceedences
P.M. Time in hrs:min
.
Fig 2 - Frequency Spectra
of Bailly Ridge Noise Emissions
a
1
Fig 7 - Sound
Levels Recorded, Near.Ballly Ridge
6y
O rMinded South Beckamund Leral (L90)
=Manes
Nighttime Limns
Source Noise Emiodons - Sou6i Stile
- -Source Notes Emkdcns-Wet Sills
53
26
0
- ---------
------
._
-------------------
n
135
ý
'4
Qb
Octave Band Frequency in Hz
Acoustic Associates, Ltd.
Page 3:
ELECTRONIC FILING, RECEIVED, OCTOBER 17, 2006
