RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 0 5 2007
KEN BLOUIN,
)
Pollution
STATE OFControl
ILLINOIS
Board
Complainant,
)
v.
)
PCB No. 05-217
INC .,
)
TNT LOGISTICS NORTH AMERICA
Respondent .
TO: Ms
. Dorothy M . Gunn
Clerk of the Board
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 an original and nine copies of Respondent, TNT
Logistics North America, Inc .'s
SUPPLEMENTATION OF AFFIDAVIT, a copy of
which is herewith served upon you .
Dated: February 1, 2007
Edward W . Dwyer
Thomas G . Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
NOTICE OF FILING
(Enforcement - Noise)
THIS FILING SUBMITTED ON RECYCLED PAPER
Bradley P . Halloran, Esq .
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Respectfully submitted,
TNT LOGISTICS NORTH
AMERICA INC .,
Respondent,
By
: `/
CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, hereby certify that I have served the
attached SUPPLEMENTATION OF AFFIDAVIT upon
:
Ms. Dorothy M . Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P . Halloran, Esq .
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Mr. Ken Blouin
6446 Lakeway Drive
Monee, Illinois 60449
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on February 1, 2007 .
TNTL:0021Fil/Blouin/NOF-COS-Supplement of
davit
inas '
iii'
eI
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RCECEIVED
LERK'S OFFICE
KEN BLOUIN,
)
FEB
0 5 2007
STATE C
Complainant,
OIS
)
Pollution Control
Boars
v.
)
PCB No. 05-217
(Enforcement - Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
Respondent .
)
SUPPLEMENTATION OF AFFIDAVIT
NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC .
("TNT"), by its attorneys, HODGE DWYER ZEMAN, and files the attached
Supplemental Affidavit of Steve McNeal in support of TNT's Objection to
Complainant's "Amended Complaint," Motion to Dismiss Complaint as Originally Filed,
and Alternative Motion for Reversal of Hearing Officer's Order ("Objection"), and in
further support of its Objection, states as follows :
On January 16, 2007, TNT filed its Objection
. This Objection objects to
and opposes Complainant's filing of a document purporting to be an amended complaint,
seeks dismissal of Complainant's original complaint, and alternatively seeks reversal of
an order issued by the Hearing Officer in this matter .
2.
As stated in its Objection, TNT objects to Complainant's "Amended
Complaint," and seeks dismissal of Complainant's original Complaint, as frivolous .
Complainant's original Complaint and Complainant's "Amended Complaint" seek an
Order of the Illinois Pollution Control Board ("Board") that would be unenforceable as of
January 22, 2007, since TNT no longer operates or controls the Facility at issue as
of that
date
.
3 .
As of January 22, 2007, TNT has left the Facility, and an unrelated
company has in fact began operating the facility . See Supplemental Affidavit of Steve
McNeal attached hereto .
WHEREFORE, Respondent,
TNT
LOGISTICS NORTH AMERICA INC .,
respectfully objects to Complainant's filing purporting to be Complainant's "Amended
Complaint," and moves the Board to dismiss that "Amended Complaint" and
Complainant's original Complaint as frivolous . Alternatively, TNT moves the Board to
reverse the Hearing Officer's Order and reschedule this matter for hearing on
Complainant's original Complaint. Finally, TNT moves the Board to grant TNT all other
relief just and proper in the premises .
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA INC .,
Respondent,
/,
By:
l hGu /
C
Dated: February 1, 2007
One of It Art
V
mey
Edward W. Dwyer
Thomas G. Safley
Ryan E. Mohr
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
TNTL :002/Fil/Haser/Supplementation of Affidavit-Objection to Amended Complaint
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KEN BLOUIN,
)
Complainant,
)
v.
)
PCB No. 05-217
(Enforcement -Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
Respondent.
)
WAYNE HASER,
)
Complainant,
)
v.
)
PCB No. 05-216
(Enforcement - Noise)
TNT LOGISTICS NORTH AMERICA
)
INC.,
)
Respondent
.
)
JOHN MARACIC AND
)
LINDA MARACIC,
)
Complainants,
)
v.
)
PCB No . 05-212
(Enforcement -Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
Respondent.
)
VINCENT NERI and JENNIFER NERI,
)
Complainants,
)
v.
)
PCB No . 05-213
(Enforcement - Noise)
TNT LOGISTICS NORTH AMERICA )
INC .,
)
Respondent .
)
AFFIDAVIT OF STEVE MCNEAL
Steve McNeal, being first duly sworn, deposes and states under oath, and if sworn
as a witness, would testify, as follows
:
1 .
I have personal knowledge of the matters set forth in this affidavit .
2.
I currently am employed as Properties Director for TNT Logistics North
America, Inc . ("TNT") .
3 .
TNT previously leased and operated a facility located 25850 Ridgeland,
Monee, Illinois 60449 ("Facility"), which Facility is at issue in the above-captioned
matters.
4.
As of January 22, 2007, TNT is no longer leasing or operating the Facility .
5.
Further, as of January 22, 2007, TNT no longer has any employees present
at the Facility, nor does TNT retain any authority or control over any equipment,
operations or activities of any new tenant at the Facility .
6.
Further, as of January 22, 2007, TNT no longer has any ability to make
any changes in any equipment located at, or any operations or activities taking place at,
the Facility
.
2
7.
As of January 22, 2007, another company, not related in any way to TNT,
began operations at the Facility .
Under penalties as provided by law pursuant to Section 1-109 of the 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 information and belief and as to such matters the undersigned
certifies as aforesaid that he verily believes the same to be true
.
FURTHER AFFIANT SAYETH NOT
.
Subscribed
d sworn to before
me thisi day ofJO--r,tri
tary Public
TNT'L:002/Fit/Affidavit of Steve McNeal
- Post Transfer
Joanne A O'Brien
YCOMMISSION# DD194006 EXPIRES
June 1, 2007
00NDEDTHRUTROY FAININSURANCEINC
3
