WAYNE HASER
Complainant
v/s
TNT LOGISTICS NORTH AMERICA, INC
.
Respondent
To
: Ms. Dorothy Gunn
Clerk of the Board
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W . Randolf Street
Suite 11-500
Chicago, Illinois 60601
Hodge Dwyer and Zeman
Edward Dwyer
Thomas Safley
Ryan Mohr
3150 Roland Av
Springfield, Illinois 62705
TNT Logistics North America, Inc.
25850 Ridgeland Av
Monee, Illinois 60449
PLEASE TO 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 herewith served upon you
.
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
NOTICE OF FILING
CLERK
,E IVIED
JAN
0
d.
2007
Pollution
STATE OF
Control
ILLINOISBoard
PCB No. 05-216
Respectfully
Wdyne Haser
Complainant
State of Illinois
POLLUTION CONTROL BOARD
JAMES R
. THOMPSON CENTER
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
, I; Z COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
WQYtJE NAS'R
)
)
(Insert your name(s) on lines
)
above),
)
Complainant(s),
)
v.
) PCB
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(Insert name(s) of alleged polluter(s)
)
on lines above),
)
Respondent(s) .
)
(For Board use)
CLERK'S
OFFICE
JA
a 1i 2007
Pollution
STATE OF
Control
ILLINOISBoard
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 .
1 .
Your
wAywa
name, street
t-IA\SE4~
address,
county, state
:
2 .
Place where you can be
contacted during normal
business hours (if different
from above) :
3 .
Name and address of respondent
(alleged polluter) :
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
:
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Phone: 5-71(-3 .577
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7 (129
Phone : -7487q--7,12-4
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Phone
: -)o
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(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
:
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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
:
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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) :
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7.
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 :
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scnbe the~e ie at you seek from the oard
(.g.,
an order that t~le respo dent QC4~ r
cleanup
stop
costs,
polluting,
change its operation,
take
or pay
pollution
a civil penalty (note
abatement
that the Board cannot
measures,
order the respondent
perform
to pay your attorney
a cleanup,
fees or any out-of-pocket
reimburseexpenses
that youC
r/:
ZT I
~~y
his
~
incur by pursuing an enforcement action)):
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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)
:
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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
.):
12.
CERTIFICATION (optional but encour
ed)
1
1
W A
/V
E C , on oath
or affirmatio ,
state that I have read the foregoing and that it is acc
to to the best of my
knowledge.
(Cbmplai ant's signature)
Subscribed to and sworn before me
this~7' 3
day
ofgovlUn.
J
20"
"oFPlcw,
SEW'
Notary P
NOTARY
MY OCMMB&OM
NANCY
PUNUC,
J
UATE
.
WINS
LONG
OF
HIS?LUNGS
My commission expires
: .53O - O
7
X
Subscribed to and sworn before me
this 2 day
of
,20.D-1
.
CERTIFICATE OF SERVICE
n oath or affirmation, state that on (month, day, year)
Q / , I served the attached formal complaint and notice on
the respo dent by
: (check appropriate line)
certified mail (attach copy of receipt if available, otherwise you must
file 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
LUG
1/T1
Z1
Street 2
/7
City, state, zip code fAd&4G / LEjo 9
(list each respondent's name and address if multiple respondents)
Complain 's signature
Street
z--163 W)
LC,A
6CK
L
City, state, zip code 6C )
I~, b
,v M
NoratY
MY COMMISSION
"OPRCIAL
NANCY
PMA STATE
J
E7<va
.
SEAL"
LONG
OF5,90-0ILUXONI
My commission expires : s`Jo
-0 ;?
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 Acceptine 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 (35 111 . Adm. Code
101 .202) . "Duplicative" means that an identical or substantially similar case is already
pending before the Board or in court
. See 35 Ill. 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 Ill. 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 Ill .
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
Ill. 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 Ill.
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 file
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
. 35111. Adm. Code 103
.204(1) .
Necessity ofan 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
(I) To the extent that a term or condition of an existing permit requires the pesmittee 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 permitte a 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, eft 6.26-02.)
(415 ILCS 5/22 .49)
Sec . 22A9. 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 auinnl 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, eff. 1-1-04
.)
TITLE VI : NOISE
(415 RCS 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)
See. 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
2
(Sourceor
standard
: P.Aadopted
. 76-2429by .)the
Board under this Act .
(415 ILCS 5/25)
Sec. 25. The Board, pursuant to the procedures prescribed in Title VU of this Act, may adopt
regulations prescribing limitations on raise ...sas i ms 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 fort 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
