ILLINOIS POLLUTION CONTROL
BOARD
December 16, 1993
LEO G. FORE,
)
Complainant,
)
v.
)
PCB 93—171
(Enforcement)
)
MIDSTATE
KART
CLUB,
)
Respondent.
ORDER OF THE BOARD (by N. Nardulli):
This matter is before the Board on a September 9, 1993,
complaint filed by Leo G. Fore alleging that Midstate Kart Club
emits noise in violation of Sections 23 and 24 of the
Environmental Protection Act (Act) (415 ILCS 5/23, 24 (1992)). In
its order of October 7, 1993, the Board directed the parties’
attention to Section 25 of the Act, which exempts certain
activities from the Board’s noise regulations. The Board quoted
the pertinent language as follows:
No Board standards for monitoring noise or regulations
prescribing limitations on noise emissions shall apply
to any organized amateur or professional sporting
activity except as otherwise provided for in this
Section.
415 ILCS 5/25 (1992).
The Board then directed the parties to file written documents
with the Board addressing whether the complained of activity is
an “organized amateur or professional sporting activity” and
whether the claim alleges violations of the Act which fall within
the Board’s purview.’ The statutory definition of an “organized
amateur or professional sporting activity” is contained in
Section 3.25 of the Act:
“ORGANIZED AMATEUR OR PROFESSIONAL SPORTING ACTIVITY”
means an activity or event carried out at a facility by
persons who engaged in that activity as a business or
for education, charity or entertainment for the general
On November 18, 1993, the Board gave the parties leave file
affidavits in support documents filed in response to the Board’s
October 7, 1993, order. Nidstate Kart Club filed a supporting
affidavit on November 29, 1993. Mr. Fore filed a supporting
affidavit on December 2, 1993.
2
public, including all necessary actions and activities
associated with such an activity. This definition
includes, but is not limited to, skeet, trap or
shooting sports clubs in existence prior to January 1,
1975, organized motor sports, and sporting events
organized or controlled by school districts, units of
local government, state agencies, colleges,
universities or professional sports clubs offering
exhibitions to the public.
415 ILCS 5/3.25 (1992).
On October 12, 1993, Midstate Kart Club filed a motion to
dismiss the complaint, alleging that Midstate Kart Club is an
“organized amateur or professional sporting activity” within the
meaning of the statute and is therefore exempt from the Board’s
noise regulations. In support of its motion to dismiss, Nidstate
Kart Club asserts that it is:
a non-profit organization, formed to further and perpetuate
karting, not only as a competitive endeavor, but as a family
sport as well. To promote safety within the sport, and to
help establish uniform and practical policies to propagate
kart racing (sic). To establish effective public relations,
and to keep kart racing on the favorable plane it has
occupied since it’s inception (sic).
Use of Mid-state Kart Club’s facilities can take place only
after a fee is paid to the Club to provide insurance
coverage and to cover use of the Club’s facilities. Use of
Mid-State Kart club’s facilities is limited to our
established schedule. Anyone using the Club’s facilities
are subject to our rules concerning safety and personal
conduct. Anyone in violation of these rules or procedures
are subject to discipline by the Club officers and
Competition Board. As such, all activities should be
considered as organized activities associated with the
established rule.
Thus, Nidstate Kart Club presented evidence that it is a motor
sport facility organized for business or educational, charity or
entertainment purposes.
In response, Mr. Fore states:
We acknowledge that the Nidstate Kart Club is an organized
activity...
.
However, the law clearly state (sic)
‘...including all necessary actions and activities
associated with such an activity.’ It is our contention
that the activities on all other days other than when races
occur are not necessary. These are individuals practicing
or testing their karts (sic). (emphasis in original)
3
Mr. Fore also asserts that the leasing of the track to an out—of—
state kart club is not a necessary activity.
Mr. Fore asks the Board to construe “organized amateur or
professional sporting activities” as only those activities which
are necessary. However, Section 3.25 of the Act defines
“organized amateur or professional sporting activities”, in
pertinent part, as “an activity or event carried out at a
facility
...
including all necessary actions and activities
associated with such an activity.” (emphasis added) Therefore,
the definition of “organized amateur or professional sporting
activities” is not limited to necessary activities but rather
includes necessary activities.
The evidence before us indicates that Midstate Kart Club is
a motor sport facility, which conducts organized activities for
business or educational, charity or entertainment purposes. The
Board concludes that Midstate Kart Club is a “organized amateur
or professional sporting activity” as defined by Section 3.25 of
the Act and is therefore exempt from Board noise regulations
under Section 25 of the Act. The Board accordingly grants
Midstate Kart Club’s motion to dismiss.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act, 415 ILCS
5/41 (1992), provides for appeal of final orders of the Board
within 35 days. The Rules of the Supreme Court of Illinois
establish filing requirements.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the, above order was adopted on the
/~ZZ day of _________________________, 1993 by a vote
of
7—c’)
C~-1~orothyN. Gup~f, Clerk
Illinois Po2T)Ition Control Board
C’