3
ILLINOIS POLLUTION CONTROL BOARD
January 4, 2007
KEN BLOUIN,
Complainant,
v.
TNT LOGISTICS NORTH AMERICA INC.,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 05-217
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On December 14, 2006, all parties, including the parties in the related PCB 05-212, PCB
05-213, and PCB 05–216 cases, participated in a telephonic status conference with the hearing
officer. The complainant made an oral motion to cancel the hearing previously scheduled for
December 18, 19, and 20, 2006. Complainant represented that he recently became aware that his
complaint, filed June 24, 2005, only alleged a numeric noise violation under the Board’s numeric
noise regulations: Section 901.102; Section 901.103; Section 901.104; and Section 901.106.
Complainant represented that it was his intention then and now that he wanted to include a
Section 900.102 nuisance violation in his complaint. Complainant argued that to proceed with
the previously scheduled hearing would be a waste of time and resources. Complainant filed a
written motion to cancel on December 15, 2006, reflecting the same concerns.
Respondent objected to the motion to cancel the hearing and was ready to proceed with
the hearing.
The complainant was made aware of his omission as early as September 1, 2005, where
the Board’s order clearly set forth the alleged violations. Additionally, the complainant was
informed and reminded by the hearing officer a plethora of times during the numerous telephonic
status conferences that his complaint only alleged a numeric violation.
Nevertheless, the complainant motion was granted and the hearing was canceled. The
hearing officer found that the complainant could possibly be materially prejudiced if the hearing
was to go forward and that in the interests of administrative efficiency, the hearing must be
cancelled.
The complainant was directed to file leave to file an amended complaint and the
amended complaint on or before January 5, 2007. Respondent to timely file its response.
The parties or their legal representatives are directed to participate in a telephonic pre-
hearing conference with the hearing officer on February 1, 2007, at 12:00 p.m. The telephonic
status conference must be initiated by the complainant, but each party is nonetheless responsible
for its own appearance. At the status conference, the parties must be prepared to discuss the
status of the above-captioned matter and their readiness for hearing.
3
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
3
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class on
January 4, 2007, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on January 4, 2007:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
HEARING OFFICER
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814-8917
P
PCB 2005-217
Edward W. Dwyer
Hodge Dwyer Zeman
3150 Roland Avenue
ost Office Box 5776
Springfield, IL 62705-5776
PCB 2005-217
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5
776
PCB 2005-217
PCB 2005-217
y Drive
TNT Logistics
2850 S. Ridgeland Avenue
Monee, IL 60449
Ken Blouin
6446 Lakewa
Monee, IL 60449
