BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

VINCENT AND JENNIFER

NERI,

Complainants,

v.

T NT LOGISTICS

NORTH AMERICA

INC.,

R espondent.

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)

NOTICE OF FILING

TO:

PCB

No. 05-213

(Enforcement

- Noise)

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,

AMERICA INC.,

Respondent,

D ated: 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

By:/s/ Thomas

G. Safley

One of Its Attorneys

THIS

FILING SUBMITTED ON RECYCLED

PAPER

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

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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. Vincent Neri

Ms.

Jennifer Neri

6530 Lakeview

Lane

Monee, Illinois

60449

by depositing said documents in the

United States Mail, postage prepaid, in

Springfield,

/s/ Thomas G. Safley

Thomas G. Safley

TNTL:002/Fi1/Neri/NOF-COS

- Pre-Hearing Motion

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

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BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

VINCENT AND JENNIFER

NERI,

)

Complainants,

)

v.

)

PCB No. 05-213

(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

Complainants and for Respondent

in this matter (that is, all witnesses

other than Mr. and

Mrs.

Neri 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

Complainants identified for the first time on their

Witness List filed October 2, 2006,

specifically:

"

Debbie Halverson, State Senator;

"

Lisa Dugan,

State Representative; and,

"

Erwin

Bogs, former Village of Monee Planning

& Zoning Chairman.

See Complainants' 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 Complainants.

See

TNT's

Notice of Service of Discovery Documents, January 24, 2006,

filed with the

Board. TNT's Interrogatory

No.

6 requested

as follows:

Pursuant to Illinois

Supreme Court Rule 213(f) (a copy of which

is

enclosed), please identify the

name and address of each witness - lay,

independent expert, and/or controlled

expert - who will testify at any

hearing in this matter and all other information required

for each witness.

See TNT's Interrogatories, relevant

portions of which are attached hereto

as Exhibit B, at

11.

TNT's Interrogatories

also noted that the Board's Rules require

Complainants to

amend

their Answers to TNT's Interrogatories whenever

"the response is in some

material respect incomplete."

Id. at 2 (citing 35 Ill. Admin. Code § 101.616(h)).

Thereafter, Complainants answered TNT's

Interrogatories, including

Interrogatory No. 6.

See Vincent and Jennifer Neri - Answers to Interrogatories,

attached hereto as Exhibit C, at 1.

Complainants did not, however, identify Ms.

Halverson, Ms. Dugan,

or Mr. Bogs, in response to Interrogatory

No. 6 or otherwise. See

y of 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

incomplete. TNT

served a Rule 213 Interrogatory on Complainants

seeking the identity

3

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

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of Complainants' witnesses,

and further specifically noted

Complainants' duty to

supplement their responses to TNT's Interrogatories.

Complainants answered TNT's

Rule 213 Interrogatory,

but did not identify these 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, Complainants for the first time

identified these persons as

witnesses on their final Witness List. This

renders TNT's Rule 213 Interrogatory

and the

Board's Rule requiring

supplementation of responses to interrogatories

-- and the

discovery process in general -- meaningless.

Therefore, TNT moves the Hearing

Officer

to issue an Order in

Limine prohibiting these 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 Complainants from presenting

testimony from any other

witness that Complainants did not identify

in response to TNT's Interrogatories.

C. Introduction of Undisclosed

Evidence

Third, TNT moves

the Hearing Officer to issue an

Order

in

Limine barring

Complainants

from offering into evidence

any document or other evidence, or utilizing

any demonstrative exhibit at hearing,

which Complainants did not

produce in response to

TNT's

Requests for Production. TNT served its

Requests for Production on

Complainants on

January 24, 2006. See TNT's Notice of

Service of Discovery

Documents,

January 24, 2006, filed with the Board.

TNT's Request for Production

No.

14 stated: "Please produce

all exhibits which you intend to,

or may seek to, enter into

evidence

or use as a demonstrative exhibit

at any Hearing in this matter."

See TNT's

4

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

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Requests

for Production, relevant portions of

which are attached hereto as Exhibit E, at 6.

In response to TNT's Requests

for Production, Complainants

produced certain

documents

attached hereto as Exhibit F. TNT

moves the Hearing Officer to issue an

Order in Limine prohibiting

Complainants from seeking to introduce

into evidence, or to

utilize

any demonstrative exhibit, at hearing

any other documents, or any other

evidence

of any kind, other than the

documents that Complainants produced

in response to TNT's

Requests

for Production, attached hereto

as Exhibit F.

D. Undisclosed

Opinion Testimony

Fourth, TNT moves the Hearing

Officer to issue an Order in Limine prohibiting

Complainants from presenting

any opinion testimony at hearing

which Complainants did

not specifically identify in response to TNT's

Interrogatories and/or pursuant

to the

Hearing

Officer's deadlines for disclosure of opinion

witnesses and testimony. TNT's

Interrogatory No. 6 sought disclosure

of all witnesses and testimony, including,

but not

limited

to, opinion witnesses and opinion

testimony. See discussion above. As noted

above, Complainants responded

to TNT's Interrogatory No.

6. In addition, the Hearing

Officer directed Complainants to identify "Complainants'

opinion witnesses

and their

opinions," by April 15, 2006.

See Hearing Officer Orders

dated January 30, 2006. In

response, Complainants

filed their Opinion Witness

List, a copy of which is attached

hereto as Exhibit D. TNT

moves the Hearing Officer to issue

an Order prohibiting

Complainants from offering any opinion

testimony that Complainants

did not specifically

disclose in response

to TNT's Interrogatories and/or in their

Opinion Witness List.

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

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IV.

RESERVATION OF RIGHTS

Finally, TNT is not

aware of any other specific evidence or testimony which

Complainants intend

to introduce at the hearing in

this

matter

as to which TNT wishes to

move in limine at this time. TNT reserves its

right at hearing to object to any testimony

or evidence offered

by Complainants on any grounds, including,

but not limited to, that

such testimony is irrelevant, is hearsay,

is cumulative, is prejudicial, and/or was not

previously

disclosed by Complainants in response to TNT's

Interrogatories and Requests

for Production.

V. CONCLUSION

WHEREFORE, Respondent,

TNT LOGISTICS NORTH AMERICA

INC.,

respectfully

moves the Hearing Officer to issue

the

Pre-Hearing

Orders requested above,

and to grant TNT

all other relief just and proper in the premises.

Respectfully

submitted,

TNT LOGISTICS NORTH AMERICA

INC.,

Respondent,

Edward W. Dwyer

Thomas G. Safley

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217)

523-4900

TNTL:002/Fil/Neri/Pre-Hearing Motion

One of Its

Attorneys

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

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Suite

11500

. ". " . .

100

W. Randolph

Street

Chicago, Illinois

60601

"t.

.ý G`SYi4s

Thomas G. Safely

.

Hodge Dwyer Zeman

'

3150 Roland

Avenue

Spring&l4

Illinois 62705.

TNT

Logistics.

25850 S. Ridgelarnd

Avenue

Monee, Illinois

60449

Witness List

11

W

ý

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

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Tom Thunder .

Acoustic Associates . , .

233.E. Northwest Highway

Palatine, Illinois 60067

Diane

Pieczynki

(Subpoena)

Village of Monee Trustee

'(Subpoena)

5011 W. Herbert Court

Monee, Blinds 60449

Terry Craig

"

.

Village of Monee Police Officer (Subpoena)

5357 W. Main Street

Monee, Blinois 60449

Erwin

Bogs

Former. Pillage of Monee

(Subpoena)

Planning & Zoning Chairman

6655 W. Maple Court

onee,

Illinois 60449 -

John

Anderson

Will County Board Official

(Subpoena)

50.13 W Main

Street

Monee,

Blinois 60449

v

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

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, SW:

State

Senator . .": ".

" '241

W. Joe Orr Road

Chicago-Heights,

Illinois 60411

Many

Burke

L.F.L

Inc

(Subpoena)

9440 Enterprise Drive

Mokenc; Illinois

60448

John

& Linda Maracic

6512

Lakeway Drive

Monee, Illinois 60449

Ken Blouin

6446

Lakeway Drive

Monee,

Illinois 60449

Wayne Haser.

25

763 S. Willow

.Creek Lane

Monee, Illinois

60449

Allan

& Sandy

Schermerhorn

2826189`h Place

Lansing,

fNois

60438

.

e

r

.

: ".:fW

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

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BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

VINCENT AND JENNIFER NERI,

)

Complainants,

)

v.

)

PCB No. 05-213

(Enforcement - Noise)

TNT LOGISTICS NORTH AMERICA )

INC.,

)

Respondent.

)

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 Complainants Vincent and

Jennifer Neri, to be

answered within 28 days after these Interrogatories are served on

Complainants:

INSTRUCTIONS

(a) These Interrogatories are directed to both Vincent Neri and Jennifer Neri.

You may answer these Interrogatories jointly,

by both signing and returning a joint

response to these Interrogatories. Or, if you prefer, you may answer these Interrogatories

separately, by signing and returning separate responses to these Interrogatories.

(b)

The Board's procedural rules require you to serve your "answers and

objections, if any" to the following Interrogatories on the undersigned "[w]ithin28 days

after" these Interrogatories are served

on you.

See

35 Ill. Admin. Code § 101.620(b).

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

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(c) The Board's procedural rules

also require that

you

answer each of the

following Interrogatories "separately and fully in writing under oath, unless it is objected

to." See 35 IIl. 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

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."

(d) The Board's procedural rules also require that you sign your answers to

these Interrogatories and sign any objections you make to these Interrogatories. See 35

Ill. Admin. Code § 101.620(b).

(e) 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).

(fl The Board's procedural rules also require that you amend your answers to

these Interrogatories in certain circumstances, stating as follows:

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

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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).

(g). 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.

(h) If any document

identified in an answer to an Interrogatory

was, but is no

longer,

in your possession or subject to your

custody or control, or was known

to you, but

is no longer in existence,

please state what disposition was

made of it or what became of

(i) If any document

or statement is withheld from

production hereunder on

the basis of a

claim of privilege or otherwise, please

identify each such document

and the

grounds upon which

its production is being withheld.

(j)

If you are unable or refuse to

answer

any

jnterrogatorycompletely for any

reason, including,

but not limited to, because of a claim of privilege,

please so state,

answer

the Interrogatory to the extent possible,

stating whatever knowledge

or

information you have concerning

the portion of the Interrogatory

which you do answer,

and

set forth the reason for your

inability or refusal to answer

more fully.

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

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INTERROGATORY

NO. 5: As to each noise measurement

you identify in

response to Interrogatory

No. 4 above that was taken within the boundaries of Your

Property.

please identify:

b.

c.

d

e.

the identity

of each person present within the boundaries

of Your Property

during, the time period

that the noise measurement was

being taken;

whether, each such person resides at

Your Property,

what each such person was doing during

the time period that the noise

measurement

was being taken;

as to each such person, whether the

noise being measured allegedly

interfered with each such person's activities

during the time period that the

noise measurement

was being taken; and,

if so, how the noise being measured

allegedly interfered with

each such

person's activities during the time period that

the noise measurement was

being taken.

ANSWER:

INTERROGATORY

NO. 6: Pursuant

to Illinois Supreme Court Rule

213(1) (a

copy of which

is enclosed), please identify

the name and address of each

witness - lay,

independent

expert, and/or controlled expert

who will testify at any hearing

in this

matter and

all other information required for

each witness.

ANSWER:

11

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Vincent & Jennifer Neri-Answers to Interrogatories

6530 Lakeview Lane

Monee, Illinois 60449

1 -708-534-6257

#1 A-Yes

B- 11, 19,110,1100,190,1900 appears to define my residential home

and property based

information supplied.

#2A-Yes

B The following codes but not limited to the following

apply to my property. 35 Illinois Administration

Code Chapter 1; 901, AP.B Subtitle II codes 742, 743, 7429, 79, 790,

7900

#3 I contend the following define (but not limited to the following) the use of TNT Logistics

North

America, Inc:

Based upon 35 Illinois Administrative Code Chapter 1, Part 901, AP, B Subtitle II codes42,

422 4221,

4222, 4229,51, 511, 5111, 5112, 5113, 518, 5181, 5182, 5183, 5184, 5189,

55, 551,6520.63,

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 we have.

#4A-Yes

B ihru F Please refer to ACCOUSTICS ASSOC, LTD 9Sound

Study)

commissioned

by the VILLAGE

OF MONEE (copy aft.)

#5-A Rodger Harms, John Maracic, Vincent A. Neri

BMy-self- Vincent A. Neri

C- I was quietly sitting in my garage while the sound study was being conducted on the back west

end

of my deck.

D-The noise has been an interference with my family life every morning, afternoon and night due to the

extreme noise produced by TNT.

E.Noise emitted by TNT affects my family & I, by not allowing us the enjoyment of our home, (neither

the front or the back of the home), sleeping with the windows open or closed and also, we have a

small

child that cannot sleep with the noise. I have a very stressful job and when I

come

home after work or

is

ng my

My wife: is

expecting

our 2°°

child she has been

suffering

from lack of

sleep.

When we have guests over my home we are not able to enjoy our home because of the noise issue.

#6 V nce & Carol Neri 6735 W. Bruns RdJ Monee, Illinois 60449

Dustin LeCwq 25437 Dutchess LanetCrete, Illinois 60417

Guilio Difiore 724 Glendale RdJ Roselle, Illinois

Brian

Hoffste&

25812

Homer CL/ Monee,

Illinois

Ralph & Carolyn Rebacz 705 Stewart AveJ North Aurora, Illinois 60542

Accoustic Associates, LTD

Specialists

in Hearing and Accoustics

Thomas Thunder, AUD, FAAA, INCE

Audiologist.And Accoustical Engineer

305 E. Northwest Hwy Palatine, Illinois 60067.

Shriner & Associates, Inc.

Aecoustical Engineers

Brian L. Humans

One North Franklin St., Chicago, Illinois

60506

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

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Vincent & Jennifer

Neri

Page 2 of 2

6530 Lakeview

Lane

Monee, Illinois

60449

1-708-534-6257

#7Robert F. Kassela Jr. & Kellie

R

Kassela

6610 Lakeview Lane/ Monee, Illinois

60449

Kenneth E.

Medema, Jr. 6603 Lakeview Lane/ Monee, Illinois

60449

Vincent A. Jennifer Neri 6530 Lakeview

Lane/ Monee, Illinois 60449

Wayne Haser

25763 Willowcreek Lane/ Monee, Illinois 60449

Ken Blouin 6446 Lakeway Drive! Monee,

Illinois 60449

Timothy

O'Donnell (Mayor of Village of Monee) 25816 Pinehurst

DrJ Monee, Illinois

Russell Caruso

(Police Chief of Village of Monee) address unknown

Dan

Gryczewski (Trustee of Village of Monee)

5043 W. Augusta Blvd/ Monee, Illinois 60449

Kelly Jensen (Trustee of

Village of Monee) 5401 W. Mill St./Monee, Illinois 60449

Henry May(

Trustee of Village of Monee) 25727 S. McCorkle Ave./Monee,

Illinois 60449

Dave Stockton (Trustee of Village

of Monee) 25702 S. Violet Lane/Monee, Illinois 60449

Amy Mayer

(Trustee of Village of Monee) 5310 W. Court St./

Monee, Illinois 60449

Diane Pieczynski

(Trustee of Village of Monee) 5011 W. Herbert

Ct-/Monee, Illinois 60449

Berry Sieron (Former Trustee

of Village of Monee) 4930 W. Margaret S/ Monee, Illinois

60449

Micheal

Grubennann (Former Village Administrator of Village of

Mone) address unknown and moved out

of state.

Larry

Gryczewski (Village Attorney of Village of Monee) office at 1100 Ravinia Pl./Orland

Park, Illinois

60562

Terry

Craig

(Patrolman

of Village of Monee)address unknown

Peter Farias (Patrolman of Village of Monee)

address unknown

Marty Burke

(Developer) Location Finders International, INC.

9440 Enterprise Dr./Mokena, Illinois 60448

#8-A (01-11-2005)

B. Vincent A. & Jennifer Neri (6530 Lakeview Lane) yard

C. (01-11-2005) Myself

& jennifer Neri with Tim ODonnell (Mayor of Monee) and Micheal

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

Also, many patrolman

of Village of Monee which has records of times & dates.

D. Tim O'Donnell & Micheal Grubermami (Mayor of Village

of Monee & Former-Village

Administrator of Village of

Monee)

came

over to Jennifer Neri's house which she called John Maracic

to

"

was put a box fan in all of the bedrooms to

quiet the noise coming from TNT Logistics North America,

Inc.)

E. Most of conversations were oral, but patrolman made reports which

are at the Village of Monee.

F. Village

of Monee from patrolman and Village of Monee Trustees.

#9 Vincent & Jennifer Neri 6530 Lakeview Lane/Monee, Illinois

60449

Ken Biouin 6448 Lakeway Drive(Monee, Illinois 60449

Wayne Haser 25763

Willowcreek Lane/ Monee, Illinois

John & Linda Maracic 6512 Lakeway Dr./Monee, Illinois 60449

#10 AOund study police reports at Village of Monee and people in this report to IEPA abd

not limitedto the

above.

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

---

The following is a-list of complainants' opinion witnesses for PCB # 2005 - 213. All

names below can testify to the

noise levels

observed at

the residence of

Vincent &

Jennifer Neri at 6530 Lakeview Lane Monee,

Illinois 60449.

Where

no

address is

listed,

the witness can be contacted at the Village Qf Monee town hall at 5130 Court Street

Monee, Illinois 60449 708-534-8301.

Vince & Carol Neri 6735 W. Bruns Road Monee, Illinois

60449

Ralph

& Carolyn

Rebacz 705 Stewart Avenue North Aurora, Illinois 60542

Allan &

Sandra Schermerhorn 2826189 Place Lansing,

Illinois 60438

Mark

Schermerhorn

&

Christen

Parker 2826 189'k Place Lansing, Illinois 60438

Dustin LeCocq 25937 Duchess Lane Crete, Illinois 60417

Acoustic

Associates, Ltd.

Specialists in Hearing & Acoustics

Thomas Thunder, AuD, FAAA, INCE

Audiologist & Acoustical Engineer

305 E.

Northwest

Hwy Palatine, Illinois 60067

Shiner & Associates, Inc.

Acoustical Engineers

Brian L. Humans

One

N.

Franklin

Street Chicago,

Illinois 60606

Many Burke (Developer) Location Finders International, Inc. 9440 Enterprise Drive

Mokena, Illinois 60448

Robert F. &:Kellie R Kassela 6610 Lakeview Lane Monee, Illinois

60449

Kenneth E.

Medema,

Jr. 6603 Lakeview Lane Monee, Illinois 60449

Wayne Haser 25763 Willowcreek Lane Monee, Illinois 60449

Ken Blouin 6446 Lakeway Drive Monee, Illinois 60449

John

&

Linda Maracic 6512 Lakeway Drive Monee, Illinois 60449

Adam & Sonia Bielak - 6437 Lakeway Drive Monee, Illinois 60449

Scott & Agnes

Radtke 6509 Lakeway Drive Monee, Illinois 60449

-?

"1,, ,..

F.

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

---

Timothy O'Donnell

(Village of Monee Mayor) 25816

Pinehurst Drive Monee, Illinois

60449

Russell Caruso (Village of Monee

Police Chief) address unknown

Dan Gryczewski

(Village of Monee Trustee)

5043

W.

Augusta Blvd. Monee, Illinois

60449

Kelly Jensen (Village of Monee

Trustee) 5401 W. Mill Street Monee,

Illinois 60449

Henry May (Village of

Monee Trustee) 25727 S. McCorkle

Avenue Monee, Illinois

60449

D avid Stockton (Village of

Monee Trustee) 25702 S. Violet

Lane Monee, Illinois 60449

Amy

Mayer (Village of Monee Trustee)

5310 W. Court Street Monee, Illinois

60449

Diane Pieczynski (Village of Monee

Trustee) 5011 W. Herbert

Court Monee, Illinois

60449

B arry Sieron (Former

Village of Monee Trustee)

4930 W. Margaret Street

Monee,

Illinois

60449

Michael Grubermann

(Former Village of Monee

Town Administrator) address unknown

' Larry

Gryczewski

(Village of Monee

Attorney) 1100 Ravinia Place Orland

Park, Illinois

60462 (Office)

Terry Craig (Village of

Monee Police Officer) address

unknown

Peter Farias (Village

of Monee Police Officer)

address unknown

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

---

BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

VINCENT AND

JENNIFER NERI,

Complainants,

v.

)

TNT LOGISTICS

NORTH AMERICA )

INC.,

)

.

)

Respondent.

).

PCB No.

05-213

(Enforcement

- Noise)

REQUESTS FOR

PRODUCTION

NOW COMES Respondent,

TNT LOGISTICS NORTH

AMERICA INC.

("TNT'I, by its attorneys,

HODGE DWYER

ZEMAN, and pursuant

to. Section 101.616

of

the Illinois Pollution Control

Board's ("Board") procedural

rules, 35 Ill. Admin.

Code

§ 101.616, propounds

the following Requests

for Production on

Complainants Vincent

and Jennifer

Neri, to be answered.within

28 days after these Requests

for Production are

served on Complainants:

INSTRUCTIONS

(a) These Requests

for Production are directed

to both Vincent

Neri and

JenniferNeri.

You may answer

these Requests for Production

jointly, by returning

a

joint response to these Requests

for Production.

Or, if you prefer, you

may answer these

Requests

for Production. separately,

by returning separate

responses to these Requests

for

Production.

(b) In ruling

on issues relating to Requests

for Production, the

Board may

look to Illinois

Supreme Court Rule 214

for guidance. See People

v. C & S R cling,

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.

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

---

Please

produce any. and all reports or

other documents relating

to this

matter generated

by any independent

or controlled expert

whom you intend

to call to

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 Properly, as alleged

in paragraph 5 of your

Complaint.

,ay-seek to,

enter

evidence or use as a

demonstrative exhibit at any

Hearing in this

matter.

15. Please produce any

photographs, motion pictures,

videotapes,

maps,

drawin

or other visual or pictorial

representations of any

kind of TNT's Property

or

otherwise

relating in any

way to the allegations contained

in your

Complaint.

16: Please produce

all documents, other than

those produced in response

to the

Requests for

Production set forth above,

which you identified

in response to TNT's

Interrogatories.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, 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 o1X 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 o$ I heard the

sound of semi ýýks

ddykg

_ .

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 oflý car radio

turned

off. Several times I heard the sound of semi-trucks discharging their air brakes as

they were dropping

off

their, trailers. I

heard

semi-trucks idling

on

the

south side of the

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

about

5 seconds. After approximately 20 minutes of being stationary I heard a commercial jet.

fly overhead.

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

---

MONEE POLICE

DEPARTMENT

MEMO

DATE:

June 13, 2005..

TO:

Chief Caruso, 007

FROM:

Patrolman

Terry Craig, 011

RE:

Special Detail at W. Lake Way

Dr. on June 06, 2005

103 0 hours

to 1100 hours

I parked

in front of 6446 W. Lake Way

Drive with my engine

turned ofd car radio

turned

off .1 heard the air brakes

of semi-trucks, connecting

and disconnecting

from their

trailers

in the south trailer yard

of TNT Logistics. As the

spotter trucks were

backing up

to the trailers,

several times I heard the

backup alarm from their

trucks echoing down all

of W. Lake Way

Drive. The sound lasted approximately

5 minutes each time.

Several

times

I heard a loud

bang

as

if two trailers had hit each

other.

1410 hours to 1440

hours

,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, CLERK'S OFFICE, OCTOBER 17, 2006

---

" r

C cu =o c uuu .7: var,-1

rlur1C C v 1

A s a.r.

C

r

VILLAGE

OFMONEE

VILLAGE OF MONEE

CELEBRATING 1a

YEARS -

P RESIDENT - TIMOTHY O'DONNELL

VILLAGE OF MONEE

ADMINISTRATOR

- MIKE GRUBERMANN

5130 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

.ý

TO:

`

FROM:

Mlebael Grubermann-,

Village Administrator

RE:

P-=2: ''62E70Gttf-sI-

o/Ij cr

A ?n I s t=" Lt

rir ( r s -

.

T HIS FAX TRANSMITTAL

CONSISTS O(AGES

INCLUDING COVER PAGE. 1F

YOU DO NOT

RECEIVE

ALL OF THE PAGES, PLEASE

NN TIIFY US IMMEDIATELY. IF

YOU HAVE RECEIVED THIS

FAX IN ERROR, NOTIFY THE

SENDER IMMEDIATELY BY PHONE.

THIS FAX CONTAINS

PRIV(LEDGED AND

CONFIDENTIAL INFORMATION AND

IS INTENDED ONLY FOR THE

USE OF THE

ADDRESS(S) NAMED

ABOVE. IF YOU ARE NOT

THE INTENDED RECIPIENT, YOU

ARE HEREBY

NOTIFIED THAT

ANY DISSEMINATION OR

REPRODUCTION OF THIS INFORMATION

IS STRICTLY

PROHIBLTED.

THANK YOU

FOR YOUR COOFERATIONI

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

---

r

r CU co cuuQ -W: lJlNr1-1 1-Burl== r a a r.o6W

f uu

JJ-T u W17-T

None.

(Ord 1046,4-141999)

r

1 1-10-1: INTENT:

Any use already

established in

M-1 and M-2 Districts,

after the effective

date hereof, shall be so

operated as to

comply with the performance

standards governing:

noise, vibrations,

smoke and

particulate matter, toxic

matter, noxious

and odorous matter,

fire and explosive hazards,

flammable liquids and gases,

glare and, heat and radiation

hazards. (Ord.

961, 2-12-1997, eff

2-22-199'.

11-10-2: STANDARDS:

The following

performance standards,

as well as all applicable Federal,

State and Village

standards, shall be adhered

to by all uses:

A Noise:

1 . Measuring Devices: For the purpose of

measuring the intensity and frequency

of

sound,

the sound

level 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 measured accurately

with the sound level

meter shall be measured with

the impact noise analyzer. Octave band

analyzers calibrated in

the preferred frequencies (American Standards

Association S16-1950, Preferred

Frequencies

for Acoustical

Measurements) shall be used with the following

tables.

2. Exemptions: The following

uses and activities shall be exempt from the

noise level

-

regulations:

-

---

a . Noises not directly

under control of the property user.

b. Noises emanating

from construction and maintenance

activities between seven o'clock

(7:00) AM and

ten o'clock (10:00) P.M Such activities

are those which are nonroufne

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, CLERK'S OFFICE, OCTOBER 17, 2006

---

rCCa co cuua isuarn ý-ýuýýeý

ýaaaage

run aalr uoa-T

p.

a

exceed the decibel

.limits in the octave band:

ated

below.

MAXIIIHJM PBRIIHZTED

SOiIND LEVEL

.

..

(In

)

DAYTIIME HOURS. 7:00

AM -10:00 PbL

.

Oetava Bead

Alm .

.

.

Abng

Preferred Center

R,esidence

District

.

, Adjacxat Lot

Frrrnýrxýr

lHýrbl

Bamdsries

B

es31.5

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

NIGHTTIMB HOURS -10:00

PM - 7:00 AM

Octave Band

Along

Abag

Pre$rred Center

Raaidmw Distdet

Adjaeeat Lot

ply {

1

Brnmdaries

Boundaries

3 1.5.

. .

. 72.. .

79

63

.67

'74

125

61

68

250

.53

.60

500

. .

. 47

53

1,000.

41

47

. ..2,000

35

..

41

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

---

Feb ZIA V-UUb dt: uk!týn nonee vz a_a ewe

fun oat. uoOIP

F. 'r

4,000

30.

.

:

.

.

. .

,

.36

.8,000.

.28

.

..

.

.

.34

.

.

Impact no=

shall not exceed

the following peak

iatmaidm: .

. Rýeaidenceý Dýatn-'ct

Adjacxnt Lot

Bow

Boundaries

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

---

. JAI. 19. 2005

It .74

1A. LF

I.

708 478

7661

luu. o7y

r.

c

'

n/ý

Acoustical Engineer::

V I,'1111 +ýrl

I

0

%1JPV %wi1CLI6%wF%Jy

II IVi

One North Franklin St., Chicago. Ulnas SOON

Phone 3 12 8493J40 Fax 312 849.3344

P

C ý I

l

`70Y -'417 4 ©

-9

Location Finders International, Inc.

9440 Enterprise Dr.

Mokena, IL 60448

Atbt:

Mr.

Marty

Burke /

.

Re:. TNT Trucking Terminal

Monee, Illinois

Dear Mr. Burke:

October 17, 2003

purtng 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 Tree 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 weathef

conditions

and

availability of instrumentation.

Table 1. Schedule

of Measurements, 2003

Start

Date

start

rime

Stop

Date

Stop

Time

Notes

October 7

17:56 October 8 00:40 Cabling severed by wildlife

October 9 08:1

- -

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 theLsouthwest

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

1-57

were also

visible to the east. This

location was

chosen

to characterize

noise from the southern portion of the proposed

TNT

faclli1y. Figure 1 is a site plan showing the

location

of

measurement

microphone.

The

following Instrumentation was utilized:

r`

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

---

'P1Voý f_ax

:

J

an

19

?005 4:39Ph1

fax Station

:

hlonee Village

. JAN.

19.

2005 .

4:34PM

LF1

708478

7667

Location

Finders-

International, Inc.

Larson-Davis

Laboratories, Inc.

(LD) 2900

real time analyzer

LD

25601/2

Inch

condenser

microphone

" LD 9008 microphone preamplifier

" LD CA-250 microphone

calibrator

Extension cables,

windscreen

Dwyer

Wind Meter, Thermometer,

October 17,

2003

Calibration of instrumentation was verified

before and after

measurements with the microphone

calibrator.

The analyzer was

located

In a

weathertight 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. rmear

repeat averaging with

on

averaging tune of 5

minutes.

Data were

sampled continuously. Every

5

minutes,

the

linear average

of spectre

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,

Baltedes 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

thesurvey. 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

N0. 659

Microphone

Locaiion

S hiner +Associates. Inc.

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

---

JAN. 19. 2005

4:34PM

LF1.708 478

1661

NO. 659 P. 4.

'

LocatioOi

Finders

International,.

Inc.

October

17, 2003

rs

.

ss

so

YY

-

36

"

V

III a

ft ý

la,

6 t18

ý

.

!ý

8 . .

ae e"88 8

Onobar

8a, 2003' .

R

e

3

l

3

9

flip w Day. Hr.mm

a

rs

Rgun 1 TNT ifueldde

sib -Wlonew 16 ..

Figure 3. TNT Truektrna Bite " N onee, IL

October

9, 2003

n

y J

s

.

3

$

-

V

Napa er wr.

ersra

S hiner.

+ Associates, Inc.

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

---

eceiveý7 Fax -

.an

19 7005

4:39Pt1

Fax Station : hlonee

Village

JAN.

19. 2005.

4:34PM

LF1 708.478 7667

st©

N0.

659

P: 5

Location Finders International,

Inc.

October 17, 2003

a

Table 2. Summary of Acoustical Results

Sound Pressure

Level,

dB re

20

NPa

Date

Time

Octave Band Center Frequency, Hz

A wt

31.5

63 125

250

500

1000

2000 4000 8000

Oct 7-8

2220-0030

49.0 49.8 48.0 40.5 38.6 36.4 28.5 25.7 21.3 40.8

Oct 9-10 2345-0610 56.2

55.5

48.3 43.6 48.7 45.7 29.7 17.1 13.8 48.9

Table

2

demonstrates

that

sound levels

in tho.600

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 (-57 and prevailing

winds

are from the west, the

October 7.8

ambient

readings

likely indicative

of

long term conditions at the

site.

N olse Ordinances

and

Regulations

Villa 9 cLf 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

LF1

708

478 7667,

NO. 659

P.. 6

Location Finders International, Inc.

October 17, 2003

.

Table

3.

Village of Monee Performance

Standards

Sound

Pressure Level, dB re 20

pPa

Octave Band

Center Froquency,

HZ

31.5

63

125

250 500 1000 2000

4000 8000

Daytime .

7amto 10pm

76

71

85

57

51

45

39

34. 32

Nighttime

10pmto7am

72

.

67

61

53

47

41

35.

. 30 28

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.

M onee 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

manufacturingfindustrlal

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 Frequency, Hz .

- 31.5

63

125 250 500

1000 2000 4000 8000

Daytime

7amto10pm

75

74

69

64

58

62

47

43 40

Nighttime

10 pin to 7

am

69

67 . 62

54

47

41

.

36

32

32

F or 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 cuass

or allow the.

emission

of sound beyond the boundaries of his

property ...

so as to

cause

noise

pollution

in IlnoiC.

5

Shiner

}

Associates, Inc.

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

---

eceived Fax

Jan l9 ?005

Aý39PM

Fax Station ý Monee

Uillage

ý

ý

J AN. 19. 2005

4: 35PM.

o n site geometry. We modeled the sound attenuation

of a berm and barrier

(wale combination

located in a

200

foot

wide

buffer area

along

the south

boundary

of

Lot Three.

The berm slope

on the north and south faces Is

limited to 3.5:1. The height of

the bermMall 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.

Barrier and Bean

Sound

Attenuation -

L ocation

Finders

International,

Inc.

LF1 708 478. 7667

B arriers

and

berets are capable of attenuating

noise up to

a maximum

of

22-24 dB,

depending

We modeled berm and barrier effectiveness at four cases

along the

soiuthem

site boundary: of

the

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

line.

Our calculations

assume

an infinitely long barrier, which Is

not

the

case at the proposed Monee

faciity. ff the bermMatl ends abruptly at the east and west ends, nolse will diffract (bend

afound) the ends of the barrier

thtts

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:

41 -

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)

R1- A

5 foot high receiver south of

the

property fine in

the

residential back

yard

02 - A second story receiver in the residences

The location of 31 and 52 assumes a 200 foot buffer area which encompasses the bermANall

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

berrnvwall system.

This

table shows that the line of sight between noise sources d

bytes--

s s. em n a cases.

.

Predicted Sound Level

Emissions at

Proposed TNT

Facility

_

In osier to predict sound levels on residential property due to proposed terminal operallon, 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

6 we have highlighted octave

band

sound levels that exceed

the

Monee

Noise

Ordinance. Tile assumed height

of the

bemdwall system

Is

also

noted

S hiner

.+

Associates,

Inc.

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

---

ceiva ax .

. an 19 2005 Q:39Ph1

JAN. 19. 2005 4: 35PM

LF 1

700

478 7667

N0.

659 P.

8

Location

Finders Intemational,

Inc.

October 17, 2003

Conclusion

Based on ambient

sound

level measurements

at the site, nighttime sound levels

will have little,

if any. masking effects

on

noise

emltted

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 Minooks, Illinois. a similar trucking

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

by a solid fence

resulting in

a bermMrail system height of 30 feet as measured from

the

rear curb.

These

calculations assume

a, 200 foot

wide

buffer

area, which

encompasses

the berm/wall system.

The modeled conditions wt

result

in a facility that is in substantial compliance with the

Monee

noise ordinance.

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

Very truly yours,

Shiner

+ Associates,

Inc.

Bdan L. Homans

BLWIb/20

Shiner

+

Associates, Inc.

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

---

ý2ceiveil Fax

Jan 19 ?005 4:39Pht

Fax Station

:

hlonee Village

.

.

JAN. 19. 2005 4: 35PM

Insertion

Loss. dB

'fable 5. Insertion Loss for Berm

with Thirty

Foot High BermlBarrier

L ocation Finders

Intemational, Inc.

LF1

708 478 7667

Octave

Band

Center Frequency, Hz

31.5 88

.125 256] F500 1000 2000

4000

West

-

S1R1 10.3 12.5 14.6

17.6 20.3 22.2 23.2

24.0

Sik2 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

8.7 10.7 12.7 15.1 18:1

20.7 22.4

4 00'

West

SlR1 10.6 12.8 14.8 18.0 20.8 22.5

23.3 24.2

8182 7.8 9.6 11.6

13.6 16.4 19.4 21.6

22.8

S2111 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

SIR2 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 7.4 9.4 10.8 12.8 15.8

18.8 20.8

S2R1 8.1 10.1 12.1 14.1 17.1 20.1 22.0

23.0

S2R2 5.2 5.5 6.7 8.5 9.7 12.0 14.2

17.0

Key

0

a

S1-

Facility Moved 100 feet North - A 13 foot high noise

source in the southern

parking area

(near

southernmost

paved area)

S2 - Facility Moved 100 feet North - A

13 foot high noise source near the dock

doors

(near

the northernmost paved

area)

R

1-A

5 foot high

receiver south of the properly line in the residential back

yard

R2 - A second story receiver In the residences

8

Shiner + Associates, Inc.

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

---

eceiv:G fax

-

pan

4 .

J AN. 19. 2005 4: 35PM

.

ax

a io

onee i

ý

L F 1

708.478

7667

Location Finders International, Inc.

Table

6. Predicted Sound

Level

Emissions Due to Trucking

Operations

For Thirty Foot High Bermlaarder

(Top of Berm/Bafler

a

841')

For Minooka Measurements Conducted

with

General

Activity,

uaccup

rseeper

and-TrJcK Passny

Sound

Pressure Level, dB re 20 pPa

Octave Band Center

Frequency, Hz

.ý,.

31.5

63 125 250 500 1000 20001 ,4000

.

..

-Criteria .

....

.

..

Monee

>2 67 61 53 47 41 35 30

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

SIR2

59.5 58.7

50.7

40.7

36.9

33.9

29.7 27.5

S2R1

55.1 54.0

46.0

35.0 31.1 29.2 26.2 24.3

S2R2

56.7 56.3

48.3

38.3

35.0

32.0

27.3 24.7

400' West

S 1 R1

59-0 157.9 49.9 38.7

34.9 33.2 30.4

28.5

SIR2

59.5

58.7 50.7 40.7 35.9 33.9 29.7 27.5

S2R1

55.1 54.0 46.0 35.0 31.1 29.2 26.2 24.3

S2R2

56.7 56.3

48.3

38.3

35.0

32.0

27.3

24.7

8 00' West

S 1 R1

59.4 58.2 50.2 39.2

35.4

33.5 30.5 28.7

SIR2

59.5 58.7

50.7 40.7

36.9 33.9 29.7

27.5 .

S2R1

55.1

54.0 46.0 35.0 31.1

29.2

28.2 24.3

S2R2

56.7 56.3 48.3 38.3 35.0 32.0 27.3 24.7

1200' West

S1R1

61.8

60.8 52.8

42,6

38.6

35.8

32.0 30.0

SIR2.

8 1.3 61.3 53.3 43.9 40.9 37.9 32.9 29.9

S2 R1

57.3 56.3 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

4Ales'ti

S 1 R1

62.4 58.2 47.2 39.2 34.4 33.5 31.5 25.7

S 1 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'

1301.1

29.2 27.2 21.3

Shiner

+ Associates. Inc.

k

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

---

tCelvRtl Fix

a n

2005 4c39Px

Fax Station

hlonee

Vlllade

,IAN.

19.-2005 4:35PM

LF1 708 478 1667.

Location Finders

International,

Ina

N0.

659:

P..

11

October 17, 2003

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

. . .

.

.

31 R1

.

62.0 5t9 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

82R1

5861 54.0

43.0

34.0

30.1 29.2 272 21.3

82112

/

59.7 56.3 45.3 37.3 34.0 32.0 28.3

21.7

800' West.

S1 R1

62.4 58.2 ý 47.2 38.2 34.4 33.5 31.5

25.7

S

1

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

S2 R2

59.7 56.3

4b.3

37.3 34.0 32.0 28.3 21.7

1200' West

S1 R1

64.8 60.8 49.8 41.8 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

82R1

60.3 56.3 45.3

37.3

33.3

31.3

28.4

22.4

S2R2

61.8 59.6 49.4 41.6 39.4 38.1 34.9 27.1

TRUCK PASS BY

Wtost

SlR1

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

S2R1

47.1 49.0 48.0 34.0 31.1 30.2 25.2 19.3

82R2

48.7 51.3 50.3 37.3 35.0 33.0 25.3 19.7

'

SIR1

51.0 52.9 51.9 37.7 34.9

34.2

29.4 23.5

SIR2

51.5 53.7

52.7

39.7 36.9 34.9 28.7 22.5

S2R1

47.1 49.0 48.0 34.0 31.1 30.2 25.2 19.3

S2R2

48.7 51.3

50.3

37.3 35.0

33.0

25.3 19.7

800' West

S1111

51.4 53.2

52.2 38.2 35:4 34.5 29.5 23.7

SIR2

51.5

53.7 52.7 39.7 36.9

34.9

23.7 1-22.6

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

1200 ' West .

S1

R1

53.8 55.8 64.8 41.6

38.6

36.8 31.0 125.0

' - S1

R2

.

.

53.3 56.3 55.3

42.9

40:9 38.9 31.9 24.9

10

Shiner +

Associates,

Inc.

..

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

---

'_. JAN.

19. 2005 4:35PM

"

Location`Finders International, Inc.

LF 1 708

478

7661

N0.

659

P.

.12

Octave

Band Center Frequency,

Hz

31.5

63 125 250 600

1000 2000 4000

82R1

49.3 51.3 50.3 37.3

34.3 32.3 26A

20.4

82R2

50.8 54.6 6

4A

41.6 40.4

39.1 32.9 25.1

Criteria.

Monee Ord. Nita

72 67

61 53 47 41 35

30

IL Regulations Nits

C-A 69 71 67 62 54 47

41 36 32

Key

0

0

S1

Facility Moved 100 feet North -A

13 foot high noise source in the southern

parking area (near southernmost paved area)

S2 - Facility Moved 100 feet North

- A 13 foot high noise source near

the dock doors

(near the

northernmost paved area)

R1 - A 5 foot high receiver south

of

the

property line In the residential

back yard

R2 - A second story receiver

in the

residences

1 ?

Shiner

+

Associates, Inc.

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

---

.

,hp-

LaserJet. 3016.

nee

Village'

SOS 534

0694

. -Jan-19-2005

4:41PH

Fax

Call Report

..

:Job

+Date.

:

Time

Type

Identification..: Duration,

... Pages Result:

.

114

1/19/2005 4:39:16F -

.f

JAIL 11.1115

4.301

LF: 1113 4 717 611

. 1 a

631

P.

1

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cover Face

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0=10f Cew l

To:

AIMS t;sX4VmtN4w1

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Fax

Na

9 34- OW

C

L%

.

. CC:

w .

."I

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H.BwjeW

.

.

Lair= Fiedem 5de:uadaml,

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(70f147t"76d6

.

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

---

ANSWER:

S upreme

Court. Rule

201(b)

(a

copy of which is enclosed).

or Request for Production, specify the legal

basis for

the. claim as required by Illinois

VERIF_I_CA-11M

ex--p

'ýr ý't

Ymcent

Nazi

J

Nets

OFFICIAL

SEAL

CAROL L NERI

NOTARY PUBLIC, STATE

OF ILLINOIS

MY COMMISSION

EXPIRES: 12-0I'r0"

Under

penalties a.9 provided by law pursuant to

Section

1-109 of the Illinois Code

of Civil Procedure, the undersigned certifies that the statements set

forth

in this

instrument

are

true and correct, except as to matters therein stated

to

be on reformation

and

belief, and

as to such matters the undersigned certifies

as

aforaaid that shoe verily

believes the same b bs true.

.

D ated:

January 24,2006

--Edward W. Dwyer

11homax 0. Safley

HOD(3E

DWYER

ZEMAN

3150 Roland Avenue

Post Office Hoic

5776

Springfie14 i0%ois 62705-5776

TN17ý

W7JFiVNctifleeeeioSstorirs

S

ubscn'W and swo before me

this 23jy0y of

2006.

W-A

a

Notary Public

Respectfully submittod,

OFFICIAL

SEAL

NOTARY

PUBLIC,

SUTE

OF

ILLINOIS

?y??

ON

EKpIt :1ý.pB,ps

TNT LOGISTICS

NORTH A MERICA INC.,

Respondent,

CAROL

L

NERI

14

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

---

. :A Study'of. Noise, Emissions'

.. .

,

.

.

:

.

. From the Bailly.Ridge.Corporate Center

.

.

. May 7,

2005

. .

. .

.

Prepared fnr.

.

.Michael

Grubermam

- Village Administrator

Village of Monee

5130

W

Court Street

Monee, Illinois 60449

Submitted

by.

.

Specs 1S "! Hearlag

carsdcs ,

. . .

Acoustic

Assodates,, Ltd.

.

alfs

and A

.

305 E. Northwest Hwy

. .

.. ..

.

.

.

.

.

.

. .

.

..

.

.

.

.

Palatine; Illinois 60067

.

. .:

.

847-359-1068. ..

.

.

W W W.!"!W W711ý.C OIn

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

---

Village of Monee - Bailly Ridge Corporate. Center -

May 7, 2005

Acoustic.Associatesvisited

the home of Vince Neri at 6530 Lakeview

Lane in Monee, Illinois, to

assess

the noise emissionsfrom 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

conauct an.

objective evaiuation,of the noise from.,

Noise Level Sampling

To take noise

samples, we used a high precision sound level meter connected to a hard

disk drive recorder. Afrer

the equipment was calibrated, a digital recording

was started and remained on during the entire 2% hour visit.

The equipment

was setup at the first location on the grade level deck in

the backyard of 6530 LakevieW Lane, a

home south of the Baify Ridge

Center. The second location was in the backyard

Lab and Data Analysis

.

The digital

recording was analyzed in our laboratory to generate 1/3-octave

band spectra at 1-second intervals.

The relevant data

blocks were extracted to calculate the equivalent level (Leq) and the 9096

exceedence level

(Lea) at

all octave band frequencies. The Leq is the average

sound energy over a stated time period and is the

accepted environmental noise

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

stipulated in

the Village performance

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

repeatability;

and its better correlation to human response to noise.

In environmental

noise assessment, the background noise must be quantified because noise

limits should only

pertain to that noise radiated

from a facility, not from extraneous locations. In this case, the important

source of

background noise

was from I-57. Unfortunately, because there was no meaningful length

of time when noise

from the Center was not audible,

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

.

level exceed

9096 of the time, a metric known as the Lea 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

Leo

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 1-sec Leq levels ranged from 43-63 dBA

On

the

west side, the levels ranged

from 42-55 dBA. The

estimated ambient noise level was 44 dBA on the south side and 43

dBA on the west

FIG 2 shows the octave

band spectra for both locations after background noise directions 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 Emits.

.

Submitted by,

Thomas Thunder, AAcli, FAAA, INCE

Audiologist

and Acodftal Engineer

Acoustic Associates,

Ltd.

'-.Page 2

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

---

Village of Monee - Bailly Ridge.Corporate.Center

May 7,

2005

240

P.M. Time in hrs:min

Fig 2 Frequency Spectra of Bailly Ridge Noise Emissions

m ii

Acoustic

Associates; Ltd.

P age 3

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

---

A

Study

of Noise Emissions

From the

Bailly Ridge Corporate

Center

May 7, 2005.

.

******

DRAFT

******

Prep4raýft:

Michael Grubermann - Village Administrator

Village of Manse .

.

5130 W Court Street

Monee, Minois 60449

.

S;ribmitterl by:

.

'Acoustic Associates, Ltd.

Specialists in H

and Acoustics

.305

H. Northwest Hwy

Palatine, Minais 60067

847-359,1068 .

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

---

Village.of Monee = Bailly Ridge Corporate Center

conduct an oblecitve evaluation of the

noise.fror

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 beret

that visually

separates the. operation from the residential

area to the south, the

residents

believes this noise has a

negative impact on the use and enjoyment

of their

property. The

Village of Monee. retained us to

Acoustic Associates

visited

the home

of Vince Neri at

6530 Lakeview Lane in Monee, Illinois,

to

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'%s 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

n o 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

O.Q 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 1-57.

Unfortunately, because dnere was no

.meaningful

length of time when wise,

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

1.90

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 Lye level

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

emissions level."

Windings

. .. _..

.

-

.. - _.. .

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 far

the west As seen in

this figure, the source levels on the

south

side

exceeded the Village of Monee noise limits (shown

by the

columns) for noise radiated to residential property

during nighttime hours (.e.,10 PM to 7:00 AM)

at the 1000-

and

2000 Hz bands., The source noise emissions

to the west side were found to be within the

Village

limits.

Thomas Thunder, AuD, FAAA, INCE

Audiologist

and Acoustical. Engineer

A

coustic Associates, Ltd

.

Page 2

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

---

Village of Monee-Bailly

Ridge Corporate Center

Fig

1 -Sound Levels Recorded Near Bailly

Ridge

South

Side

30

1

Fig

2 - Frequency

Spectra

of Bailly Ridge Noise Emissions

m

E

w

w

C

O

P.M. Time in hrs:mln

w

,0

30

..,

20

West Sid.

--i--

1

Exceedences

n

67

=Esthnsted

South

"round

Level

0 20)

OMonee Nighttime Umils

S ource Noi.e Emietons-Smith Side

- -.Source Noiw

Emlsdone -West

Side

x a Y Q

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

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

IB1

53

O

ctave

Band

Frequency In Hz

3$

28

0

A coustic Associates, Ltd

Page 3

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