ILLINOIS POLLUTION CONTROL
    BOARD
    February 16,
    1995
    RODNEY
    B. NELSON,
    M.D.,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—247
    )
    (Enforcement
    -
    Noise)
    KANE
    COUNTY FOREST PRESERVE,
    )
    JACK
    COOK’,
    CHAIRMAN
    and
    )
    KANE
    COUNTY
    COUGARS,
    WILLIAM
    )
    LARSEN,
    GENERAL
    MANAGER,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    The instant matter is before the Board pursuant to Board
    order of December 14,
    1994 requesting the parties to address
    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.
    On January 17,
    1995, Kane County Forest Preserve District
    (Forest Preserve) filed a Memorandum in Support of Application of
    Sporting Activities Exemption.
    On January 23,
    1995 Rodney
    Nelson, M.D.
    (Nelson),
    filed a Brief in Response to Board Order
    of December 14,
    1994.
    On January 24,
    1995 Nelson filed
    a
    Response to Kane County
    Forest Preserve’s Memorandum in Support
    of Sporting Activities Exemption to the Case at Hand.2
    The Board
    notes there has been no filing by the Kane County Cougars,
    William Larsen, General Manager,
    in response to Board order of
    December 14,
    1994.
    The initial complaint was filed on September
    9,
    1994 by Nelson, alleging that fireworks displays at the Kane
    County Cougar’s baseball games emit noise in violation of Section
    23 of the Environmental Protection Act
    (Act)
    (415 ILCS 5/23
    (1994))
    1
    According to the Kane County Forest Preserve,
    in a
    document filed with the Board on January 18,
    1995, Jack Cook has
    replaced Bradley Sauer as Chairman of the Kane County Forest
    Preserve District.
    The Kane County Forest Preserve District
    accordingly requests that Mr. Cook be substituted for Mr.
    Sauer
    Chairman in this proceeding.
    The Board today makes that
    substitution.
    2
    Forest Preserve’s brief will be cited as “Resp. at
    ~.“;
    Nelson’s brief will be cited as “Pet.
    at
    .“
    2
    Section 25 of the Act places restrictions on the Board’s
    ability to hear noise violations proceedings involving certain
    sporting activities:
    No Board standards for monitoring noise or regulations
    prescribing limitations on noise emissions shall apply
    to any organized or amateur or professional sporting
    activity except as otherwise provided for in this
    Section.
    (415 ILCS 5/25
    (1992).)
    Section 3.25 of the Act, as amended in P.A. 84-1308, defines
    “Organized Amateur or Professional Sporting Activity” as:
    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
    public,
    including all necessary actions and activities
    associated with such an activity.
    This definition
    includes, but
    is not limited to,
    (i)
    rifle and pistol
    ranges,
    licensed shooting preserves, and skeet, trap or
    shooting sports clubs in existence prior to January
    1,
    1994,
    (ii)
    public hunting areas operated by a
    governmental entity,
    (iii)
    organized motor sports, and
    (iv)
    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).)
    Both parties agree that the Kane County Cougars’
    (Cougars’)
    baseball games are an organized sporting activity.
    (Resp.
    at 4;
    Pet.
    at 3.)
    Therefore,
    the Cougars’ baseball games are exempt
    from the noise violation standards pursuant to Section 25.
    The
    sole issue
    is whether the fireworks displays at the Cougars’
    baseball games are also exempt and therefore not within the
    Board’s jurisdiction.
    PARTY BRIEFS
    Nelson argues that “fireworks displays are not ‘organized
    amateur or professional sporting activity”.
    (Pet.
    at
    3.)
    Nelson cites to the definitions of “firework” and “sport” to show
    that fireworks displays are not part of the usually accepted
    meaning of sport, and hence are not exempt as an “organized
    amateur or professional sporting activity”.
    Among other matters Nelson claims that the “fireworks
    displays are neither associated with the baseball game, nor are
    they necessary to them”.
    (Pet.
    at 3.)
    Nelson asserts that
    fireworks are not described in the rules of baseball, often come
    before or after the actual baseball game,
    and do not fit in the
    3
    common definition of “necessary” with regards to a baseball game.
    (Pet.
    at 4.)
    Nelson claims that the legislature included the
    word “necessary” to restrict the types of “associated actions and
    activities”.
    (Pet. at 4~)3
    The Forest Preserve contends that the fireworks displays are
    activities directly associated with an organized professional
    sporting activity and hence exempt under Section 25.
    The Forest
    Preserve cites Hinsdale Golf Club v. Kochanski to show the intent
    of the legislature to enlarge the types of activities excluded
    from the Board’s jurisdiction under Section
    25.
    (555 N.E.2d 31,
    Ill.App.2d 31 (1990).)
    The Forest Preserve also cites Fore
    V.
    Midstate Kart Club (PCB 93—171,
    Dec.
    16,
    1993)
    in which the Board
    examined the definition of “organized amateur or professional
    sporting activities” and found it is not limited to necessary
    activities but rather includes necessary activities.
    (Resp.
    at
    3.)
    DISCUSSION
    The Board must today ascertain whether fireworks at the
    Cougars’ baseball games are included in the “organized amateur or
    professional sporting activity” exemption of Section 25.
    The
    Board has reviewed and given consideration to all of the
    arguments presented by the parties.
    Based on this analysis, the
    Board observes that the fireworks displays themselves are not
    explicitly exempt from the Board’s noise violation standards.
    However, the Board’s examination of the role of fireworks during
    a professional baseball game does not stop at a cursory look at
    the statutory definition of Section 3.25.
    “Organized amateur or professional sporting activity” is
    defined at Section 3.25 as “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
    public,
    including all necessary actions and activities associated
    with such an activity.”
    The Board does not intend to dissect
    this definition whereby giving independent meaning to a
    particular word without regard for the activity as a whole.
    Instead, the Board is concerned with interpreting Section 3.25 to
    give force to the legislative intent of the statute as a whole.
    “A court’s function in interpreting statutory provisions
    is to
    ‘
    Nelson additionally alleges that the Board is not
    prohibited from hearing this matter under Section 25 because the
    Board has independent regulatory authority under 35 Ill. Adm.
    Code 900.102. The Board does not accept this argument.
    The Board
    can give itself no authority that a statute would deny
    it;
    35
    Ill. Adm. Code 900.102
    is
    a Board rule.
    4
    ascertain and give effect to the legislative intent underlying
    the statute;
    thus, the court must look at the statute as a whole,
    taking into consideration its nature, its purposes and the evil
    the statute was intended to remedy.”
    (Hinsdale Golf Club v.
    Kochanski,
    555 N.E.2d 31, Ill.App.2d 31,
    33
    (1990);
    Rodgers v.
    Department of Enrnlovment Security,
    186 Ill.App.3d 194,
    198,
    134
    I11.Dec.
    168, 542 N.E.2d 168
    (1989).)
    The General Assembly
    clearly stated the purpose of Title VI would be to “prevent noise
    which creates a public nuisance”.
    (ILCS 5/23.)
    The Board finds
    that fireworks displays at the Kane County Cougars baseball games
    were not the types of evil the statute was intended to remedy.
    Moreover, an organized baseball game is more than simply
    players on a field with a bat and ball,
    it is an event.
    Organized baseball games are also aura, pageant, and spectacle.
    Organized baseball games are family fun; they are entertainment.
    Organized baseball games are cheers, hot dogs,
    pennants,
    announcers,
    baseball caps,
    the national anthem, and even
    fireworks.
    This Board will not presume to dissect away any of
    this spirit of an organized professional baseball game.
    The Board has previously interpreted the definition of
    “organized amateur or professional sporting activities” and held
    it is not limited to necessary activities but rather includes
    necessary activities.
    Fore v. Midstate Kart Club
    (PCB 93—171,
    Dec.
    16,
    1993)
    In interpreting this definition broadly, the
    Board has given effect to the purpose of the exemption.
    The legislature has twice enlarged the type of activities
    excluded from the Board’s jurisdiction relating to Section 25,
    specifically Public Act 82-654 and Public Act 88-598.
    Prior to
    the current usage of “organized amateur or professional sporting
    activity”,
    Section 25 exempted only sanctioned sporting events.
    The Legislature amended Section
    25
    in Public Act 82-654 to
    enlarge the exemption to cover
    “~j~
    organized amateur or
    professional sporting activity”.
    (House of Representatives
    Transcription Debate,
    82nd General Assembly,
    47th Legislative
    Day, May 20,
    1981).
    Reading the history of Section 25 and its
    present language, the legislative intent appears to be to further
    limit this type of noise-related case which could be brought
    before the Board’s jurisdiction.
    Neither the appellate court nor
    the legislature has attempted to narrow the organized amateur or
    professional sporting activity exemption in Section 25 and the
    Board will not begin this process.
    CONCLUSION
    The Board concludes that the fireworks displays at the Kane
    County Cougars baseball games are included in the definition of
    an “organized amateur or professional sporting activity” to
    entertain the public as defined in Section 3.25 of the Act and
    5
    are therefore exempt from the Board noise regulations under
    Section 25 of the Act.
    Therefore, the Board does not have
    jurisdiction and accordingly dismisses this matter.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (See
    also 35 Ill.Adin.Code 101.246 “Motions for Reconsideration”.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~d, hereby certify that the above order was adopted on the
    /4~-q--
    day of _________________________,
    1995,
    by a vote of
    /~
    /2
    /
    I’
    /
    I
    /
    ~L
    /
    ‘
    ~
    /
    Dorothy M./çunn, Clerk
    Illinois E~o2lutionControl Board

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