BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JOHN & LINDA MARACIC
Complainants
v/s
TNT LOGISTICS NORTH AMERICA, INC .
Respondent
NOTICE OF FILING
TO: Ms. Dorothy Gunn
Clerk of the Board
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W
. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Hodge Dwyer Zeman
Edward Dwyer
Thoams Safley
Ryan Mohr
3150 Roalnd Avenue
Springfiled, Illinois 62705
TNT Logistics North America, Inc .
25850 S
. Ridgeland Avenue
Monee, Illinois 60449
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board with an
AMENDED COMPLAINT, a copy of which is herewith served upon you
.
RECEIVED
CLERK'S OFFICE
JAN 0 3 2007
STATE OF ILLINOIS
Pollution Control Board
PCB No .
aoo~-a)
.
a
Respectfully,
John & Linda Maracic
Complainants
State of Illinois
POLLUTION CONTROL BOARD
JAMES R
. THOMPSON CENTER
100 W
. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
13IP7
0 E
COMPLAINT
0
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
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(For Board use)
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(Insert name(s) of alleged polluter(s)
)
on lines above),
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Respondent(s) .
)
Note
: If you do not use this formal complaint form and instead draft and type your own, it
must contain all of the information requested by this form
. All items must be completed
. If
there is insufficient space to complete any item, you may attach additional sheets, specifying
the number of the item you are completing
. Once completed, you must file the original and
nine copies of the formal complaint, notice to respondent, and certificate of service with the
Clerk of the Board at the above address
.
RECEIVED
CLERK'S
OFFICE
JAN 0
u
2007
Pollution
STATE OF
Control
ILLINOISBoard
Your name, street address
Tohn ~ 1
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I L
county, state:
GsU
~~ewa/
r~ve
2.
Place where you can be
contacted during normal
business hours (if different
from above)
:
3 .
Name and address of respondent
(alleged polluter)
:
moneeTL . oyyq
Phone
: _1og-
W-11S3
9
COun+7S8
y 7
Phone :
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0R '
GO - 77c8'7
q, 14-A
((Once,TL-. (00449
4.
Describe the type of business or activity that you allege is causing or allowing
pollution (e.g.,
manufacturing company, home repair shop) and give the address of
the pollution source if different than the address above
:
Phone:
70 K-
S a y-q
I
a
(if known)
5 .
List specific sections of the Environmental Protection Act, Board regulations, Board
order, or permit that you allege have been or are being violated :
(~Ils LLi
S s~a3~ Src
a3
(s0Urfe
PA . 7~'AHa9)
~~IS Z CSsay) _
S(~G,~t(
C source ~.~.
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6.
Describe the type of pollution that you allege
(e.g., air, odor, noise, water, sewer
back-ups, hazardous waste) and the location of the alleged pollution . Be as specific
as you reasonably can in describing the alleged pollution :
~lt7tse
IructJC'r1
r
rid
Ie0-"m (OMflfiIe 1
01 Se-eMNC
d
T bra; IPr 5 A :r
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001
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,
7.
Describe the duration and frequency of the alleged pollution
. Be as specific as you
reasonably can about when you first noticed the alleged pollution, how frequently it
occurs, and whether it is still continuing (include seasons of the year, dates, and times
of day if known)
:
~
V^ S a 7
i
f cn 1in~.lC~I ~ 00(1nw WvN
,
t-lnbn(~ ;n
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(uC
~~o noiSc Ic STS I coArnu_Ci~~t
8 .
Describe any bad effects that you believe the alleged pollution has or has had on
human health, on plant or animal life, on the environment, on the enjoyment of life or
property, or on any lawful business or activity :
•
belnJ
iti7a~en-up
int~er1,11~
o~f~~f ny
(~ ~er er~t I rres h1 t4
nO1seeheryn1
-At, CA,Id
r,ok
he,ny a44 s~eg
`h Ihri~rrsin
becAuse tip naiSe,s *oloaf
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S4,P>s Ifor
everyly
fynJf0n1~~ .
Unab~ "~o PnJoy o 1t
4
aor
1 ~vyrv(L
9.
Describe the relief that you seek from the Board
(e.g., an order that the respondent
stop polluting, take pollution abatement measures, perform a cleanup, reimburse
cleanup costs, change its operation, or pay a civil penalty (note that the Board cannot
order the respondent to pay your attorney fees or any out-of-pocket expenses that you
incur
4.)P
by
+k
pursuing
N
an
15eenforcement SG
Lue
action))
can
:
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10.
Identify any identical or substantially similar case you know of that is already
pending before the Board or in another forum against this respondent for the same
alleged pollution (note that you need not include any complaints made to the Illinois
Environmental Protection Agency or any unit of local government) :
Vin
etA-t1enn
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V .
TNTLoTSAICS
PC (3 Los-al3
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Offer I
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. TNT
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1
11 .
State whether you are representing (a) yourself as an individual or (b) your
unincorporated sole proprietorship
. Also, state whether you are an attorney and, if
so,
whether you are licensed and registered to practice law in Illinois
. (Under Illinois
law, an association, citizens group, unit of local government, or corporation must be
represented before the Board by an attorney
. Also, an individual who is not an
attorney cannot represent another individual or other individuals before the Board
.
However, an individual who is not an attorney is allowed to represent (a) himself or
herself as an individual or (b) his or her unincorporated sole proprietorship, though
the individual may prefer having attorney representation
.) :
CERTIFICATION (optional but encouraged)
1,'30- /I- /'//9/IAC/L
GiJci
L- ~alrcddc
onoath
4
or affirmation, state that I have read the foregoing and that it is accurate to the best of my
Subscribed to and sworn before me
this ._q ,
day
of ~ r i '
, 20,24
Notary Public
My commission expires :
OFFICIAL SEAL
CAROL L NERI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES
: 120S 08
CERTIFICATE OF SERVICE
1, the undersigned, on oath or affirmation, state that on (month, day, year)
,
I served the attached formal complaint and notice on
the respondent by
: (check appropriate line)
Z
certified
mail (attach copy of receipt if available, otherwise you must
fi e receipt later with Clerk)
registered
mail (attach copy of receipt if available, otherwise
you must file receipt later with Clerk)
messenger
service (attach copy of receipt if available, otherwise you
must file receipt later with Clerk)
personal
service (attach affidavit if available, otherwise you
must file affidavit later with Clerk)
at the address below :
RESPONDENT'S ADDRESS
:
Name t L-03 i54
, C .5
Street
7 S~?c
;-o (s . R
.
c1.c{,p
10.r\C~ Ave
City, state, zip code Imbn(?f,
Q~_
(list each respondent's name and address if multiple
(- .
respondents)
(QQVq q
'`omplainant's
Street
7001
S
ZW
signature
~
,
Lq~Q~70
~
.
IVtS
City, state, zip code p F
ZZ
ITL- (e
G 4tH
I
Subscribed to and sworn before me
this
lb day
o f
, !
20(,
Notary Public
My commission expires :
OFFICIAL SEAL
CAROL L NERI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES : 12."
NOTICE TO RESPONDENT
NOTE
: THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control
Board (Board) a formal complaint, a copy of which is served on you along with this notice
.
You may be required to attend a hearing on a date set by the Board
.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act) (415 ILCS 5/1
et seq.)
and the Board's procedural rules
(35 Ill
. Adm . Code 101 and 103)
. These can be accessed at the Board's Web site
(www.ipcb
.state.il.us)
. The following is a summary of some of the most important points in
the Act and the Board's procedural rules
. It is provided for general informational purposes
only and does not constitute legal advice or substitute for the provisions of any statute, rule,
or regulation:
Board Accepting Formal Complaint for Hearing
; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it
is either "duplicative" or "frivolous" within the meaning of Section 31(d) of the Act (415
ILCS 5/31(d)) and Section 101
.202 of the Board's procedural rules (35 Ill
. Adm. Code
101 .202)
. "Duplicative" means that an identical or substantially similar case is already
pending before the Board or in court
. See 35 111. Adm
. Code 103
.212(a) and item 10 of the
formal complaint
.
"Frivolous" means that the formal complaint seeks relief that the Board does not
have the authority to grant, or fails to state a cause of action upon which the Board can grant
relief
. For example, the Board has the authority to order a respondent to stop polluting and
pay a civil penalty, to implement pollution abatement measures, or to perform a cleanup or
reimburse cleanup costs
. The Board does not have the authority, however, to award attorney
fees to a citizen complainant
. See 35 III . Adm
. Code 103 .212(a) and items 5 and 9 of the
formal complaint
.
If you believe that this formal complaint is duplicative or frivolous, you may file a
motion with the Board, within 30 days after the date you were served with the complaint,
requesting that the Board not accept the complaint for hearing
. The motion must state the
facts supporting your belief that the complaint is duplicative or frivolous
. Memoranda,
affidavits, and any other relevant documents may accompany the motion
. If you need more
time than 30 days to file a motion alleging that the complaint is duplicative or frivolous, you
must file a motion for an extension of time within 30 days after service of the complaint
. A
motion for an extension of time must state why you need more time and the amount of
additional time you need
. Timely filing a motion alleging that the complaint is duplicative
or frivolous will stay the 60-day period for filing an answer to the complaint . See 35 111 .
Adm . Code 103 .204, 103 .212(b).
All motions filed with the Board's Clerk must include an original, nine copies, and
proof of service on the other parties . Service may be made in person, by U .S
. mail, or by
messenger service. Mail service is presumed complete four days after mailing . See 35 Ill .
Adm . Code 101 .300(c), 101 .302, 101 .304.
If you do not respond to the Board within 30 days after the date on which the
complaint was served on you, the Board may find that the complaint is not duplicative or
frivolous and accept the case for hearing . The Board will then assign a hearing officer who
will contact you to schedule times for telephone status conferences and for hearing. See 35
111 . Adm . Code 103 .212(a).
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after you
receive the complaint . If you timely file a motion alleging that the complaint is duplicative
or frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the complaint,
then you may file an answer within 60 days after the Board rules on your motion . See 35 111.
Adm . Code 101 .506, 103 .204(d), (e), 103.212(b).
The Board's procedural rules require the complainant to tell you as respondent that :
Failure to rile an answer to this complaint within 60 days may have
severe consequences. Failure to answer will mean that all allegations in
the complaint will be taken as if admitted for purposes of this
proceeding . If you have any questions about this procedure, you should
contact the hearing officer assigned to this proceeding, the Clerk's
Office or an attorney. 35 Ill. Adm. Code 103 .204(f).
Necessity of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or
corporation must be represented before the Board by an attorney . In addition, an individual
who is not an attorney cannot represent another individual or other individuals before the
Board . However, even if an individual is not an attorney, he or she is allowed to represent
(1) himself or herself as an individual or (2) his or her unincorporated sole proprietorship .
See 35 Ill . Adm. Code 101 .400(a) . Such an individual may nevertheless wish to have an
attorney prepare an answer and any
Costs
In defending against this formal complaint, you are responsible for your attorney
fees, duplicating charges, travel expenses, witness fees, and any other costs that you or your
attorney may incur . The Board requires no filing fee to file your answer or any other
document with the Board . The Board will pay any hearing costs (e.g., hearing room rental,
court reporting fees, hearing officer expenses).
If you have any questions, please contact the Clerk's Office at (312) 814-3629
.
(4) if the waste does not undergo testing, an explanation as to why no testing is needed ;
(5) a description of the process generating the waste ; and
(6) relevant Material Data Safety Sheets .
(c) Certification made pursuant to this Section shall be effective from the date signed until there is a
change in the generator, in the raw materials used, or in the process generating the waste .
(d) Certification made pursuant to this Section, with the requisite attachments, shall be maintained by
the certifying generator while effective and for at least 3 years following a change in the generator, a
change in the raw materials used, or a change in or termination of the process generating the waste
. The
generator shall provide a copy of the certification, upon request by the Agency, the waste hauler, or the
operator of the facility receiving the waste for storage, treatment, or disposal, to the party requesting the
copy
. If the Agency believes that the waste that is the subject of the certification has been inaccurately
certified to, the Agency may require the generator to analytically test the waste for the constituent believed
to be present and provide the Agency with a copy of the analytic results.
(e) A person who knowingly and falsely certifies that a waste is not special waste is subject to the
penalties set forth in subdivision (6) of subsection (h) of Section 44 of this Act
.
(f) To the extent that a term or condition of an existing permit requires the permittee to manage as
special waste a material that is made a non-special waste under Public Act 90-502, that term or condition
is hereby superseded, and the permittee may manage that material as a non-special waste, even if the
material is identified in the permit as part of a particular waste stream rather than identified specifically as
a special waste.
(Source: P .A. 92-574,
off.
6-26-02.)
(415 ILCS 5/22.49)
Sec . 22.49. Animal cremation. Unless subject to the requirements of Title XV of this Act as potentially
infectious medical waste, a deceased companion animal, as defined in the Companion Animal Cremation
Act, that is delivered to a provider of companion animal cremation services subject to the Companion
Animal Cremation Act is not waste for the purposes of this Act Providing companion animal cremation
services at a location does not make that location a waste management facility for the purposes of this Act .
For the purposes of this Section, "companion animal" does not include livestock
(Source: P.A. 93-121,
off.
1-1-04.)
TITLE VI : NOISE
(415 ILCS 5/23)
Sec
. 23
. The General Assembly finds that excessive noise endangers physical and emotional health and
well-being, interferes with legitimate business and recreational activities, increases construction costs,
depresses property values, offends the senses, creates public nuisances, and in other respects reduces the
quality of our environment.
It is the purpose of this Title to prevent noise which creates a public nuisance .
(Source: P .A. 76-2429.)
(415 ILCS 5/24)
Sec. 24
. No person shall emit beyond the boundaries of his property any noise that unreasonably
interferes with the enjoyment of life or with any lawful business or activity, so as to violate any regulation
or standard adopted by the Board under this Act
(Source: P.A 76-2429.)
(415 ILCS 5/25)
Sec. 25.
The Board, pursuant to the procedures prescribed in Title VII of this Act, may adopt
regulations prescribing limitations on noise emissions beyond the boundaries of the property of any
person and prescribing requirements and standards for equipment and procedures for monitoring noise and
the collection, reporting and retention of data resulting from such monitoring
.
The Board shall, by regulations under this Section, categorize the types and sources of noise emissions
that unreasonably interfere with the enjoyment of life, or with any lawful business, or activity, and
shall prescribe for each such category the maximum permissible limits on such noise emissions
. The Board
shall secure the co-operation of the Department in determining the categories of noise emission and
the technological and economic feasibility of such noise level limits
.
In establishing such limits, the Board, in addition to considering those factors set forth in Section 27
of this
Act,
shall consider the adverse ecological effects on and interference with the enjoyment of
natural, scenic, wilderness or other outdoor recreational areas, parks, and forests occasioned by noise
115
