THIS FILING SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB No. 05-217
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    INC.,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    TO:
    Ms. Dorothy M. Gunn
    Bradley P. Halloran, Esq.
    Clerk of the Board
    Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    100 West Randolph Street
    Suite 11-500
    Suite 11-500
    Chicago, Illinois 60601
    Chicago, Illinois 60601
    (VIA FIRST CLASS MAIL)
    (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 RESPONSE AND
    OBJECTION TO COMPLAINANT’S MOTION FOR LEAVE TO FILE AN
    AMENDED COMPLAINT,
    a copy of which is herewith served upon you.
    Respectfully submitted,
    TNT LOGISTICS NORTH
    AMERICA INC.,
    Respondent,
    By:/s/ Thomas G. Safley
    Dated: February 16, 2007
    One of Its Attorneys
    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
    Electronic Filing, Received, Clerk's Office, February 16, 2007
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, hereby certify that I have served the
    attached RESPONDENT’S RESPONSE AND OBJECTION TO COMPLAINANT’S
    MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT 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 February 16, 2007; and upon:
    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 16, 2007.
    /s/ Thomas G. Safley
    Thomas G. Safley
    TNTL:002/Fil/Blouin/NOF-COS – Response to Motion for Leave
    Electronic Filing, Received, Clerk's Office, February 16, 2007
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KEN BLOUIN,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB No. 05-217
    )
    (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA
    )
    INC.,
    )
    )
    Respondent.
    )
    RESPONDENT’S RESPONSE AND
    OBJECTION TO COMPLAINANT’S MOTION
    FOR LEAVETO FILE AN AMENDED COMPLAINT
    NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.
    (“TNT”), by its attorneys, HODGE DWYER ZEMAN, and for its Response to
    Complainant’s “Motion For Leave to File an Amended Complaint,” states as follows:
    I.
    INTRODUCTION
    1.
    On January 3, 2007, in PCB 05-212 and PCB 05-213, and on January 4,
    2007, in PCB 05-216 and PCB 05-217, Complainants filed documents purporting to be
    “Amended Complaints” with the Illinois Pollution Control Board (hereinafter the
    “Board”).
    2.
    On January 16, 2007, Respondent filed its objections and moved the
    Board to dismiss these filings, as well as Complainants’ original Complaints, by filing its
    “Objection to Complainant’s “Amended Complaint,” Motion to Dismiss Complaint as
    Originally Filed, and Alternative Motion for Reversal of Hearing Officer’s Order”
    (hereinafter “Motion to Dismiss”).
    3.
    Complainant failed to respond to the Respondent’s Motion to Dismiss
    within the time provided by the Board’s rules, however, during the February 1, 2007
    Electronic Filing, Received, Clerk's Office, February 16, 2007
    2
    status conference it was agreed that the Complainant’s deadline to respond would be
    extended to February 13, 2007.
    4.
    On February 12, 2007, Complainant filed a document entitled, “Motion
    For Leave to File an Amended Complaint” (hereinafter “Motion for Leave”) with the
    Board.
    II.
    TNT’S RESPONSE AND OBJECTION TO COMPLAINANT’S MOTION.
    5.
    TNT construes the Motion for Leave to be Complainant’s attempt to cure
    one of the defects identified by TNT in its Motion to Dismiss; specifically, that
    Complainant attempted to file an amended complaint without first seeking leave of the
    Board pursuant to 35 Ill. Admin. Code § 103.206(d). See TNT’s Motion to Dismiss.
    6.
    Regardless, Complainant’s Motion for Leave does not even attempt to
    cure any other deficiency identified by TNT’s Motion to Dismiss.
    7.
    Most importantly, TNT moved the Board to dismiss this matter on the
    basis that the Board is no longer able to grant the relief sought by the Complainant.
    8.
    Specifically, as stated in the Motion to Dismiss and as attested to in the
    Supplemental Affidavit filed with the Board on February 5, 2007, TNT no longer leases
    or operates the facility located at 28500 Ridgeland, Monee, Illinois (hereinafter the
    “Facility”); likewise, TNT does not have any authority or control over the operations of
    the Facility.
    9.
    Complainant’s Motion for Leave seems to indicate that the Complainant
    believes the operational change to be a name change only; however, Complainant has
    presented no evidence that would support such implication.
    Electronic Filing, Received, Clerk's Office, February 16, 2007
    3
    10.
    In fact, this operational change is not merely a name change, TNT and the
    new operator of the Facility are not related in any way. This specific issue has been
    addressed in TNT’s Motion to Dismiss as discussed supra.
    11.
    The Complainant in this matter is seeking a cease and desist order; that is,
    the “Amended Complaint” requests that the Board “stop the noise” from the Facility.
    “Amended Complaint” at ¶9.
    12.
    Given that TNT no longer operates nor controls operations at the Facility,
    TNT would not have the authority or ability to take any actions in response to any cease
    and desist order issued by the Board in this matter, should the Board find such relief
    necessary.
    13.
    As the Board does not have authority to grant the requested relief thus this
    matter should be dismissed. See, James M. Tonne and Jeanine F. Tonne v. Leamington
    Foods, PCB 93-044, at p. 2 (Ill.Pol.Control.Bd. April 21, 1994). See also, 35 Ill. Admin.
    Code § 101.200; Beers, PCB 04-204 (Ill.Pol.Control.Bd. July 22, 2004).
    III.
    CONCLUSION
    14.
    As stated above, neither the Complainant’s Motion for Leave to File nor
    its Amended Complaint affect the grounds on which TNT has sought dismissal of this
    matter. The issue remains that the relief that Complainant seeks against TNT cannot be
    granted in this case, and therefore Complainant’s claims against TNT should be
    dismissed.
    Electronic Filing, Received, Clerk's Office, February 16, 2007
    4
    WHEREFORE, Respondent, TNT LOGISTICS NORTH AMERICA INC.,
    respectfully responds and objects to Complainant’s “Motion For Leave to File an
    Amended Complaint.” TNT prays that the Board deny Complaint’s Motion and grant
    TNT’s Motion to Dismiss currently pending before the Board. 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: /s/ Thomas G. Safley
    One of Its Attorneys
    Dated: February 16, 2007
    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/PCB/Blouin/Response to Motion For Leave to File
    Electronic Filing, Received, Clerk's Office, February 16, 2007

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