ILLINOIS POLLUTION CONTROL BOARD
June 6, 1996
GILBERT & LENDA MARSHALL,
Complainants,
v.
DANNY LINGENFELTER,
INDIVIDUALLY & AS PRESIDENT OF
CENTRAL ILLINOIS DIRT RIDERS
ASSOCIATION,
Respondent.
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PCB 96-179
(Enforcement - Air-Noise)
ORDER OF THE BOARD (by E. Dunham):
On March 7, 1996, the Board directed the parties in this proceeding to file briefs with
the Board addressing whether the complained of activity is an "organized amateur or
professional sporting activity" and whether the complaint alleges violations of the Act which
fall within the Board's purview. Both parties filed briefs with the Board on May 3, 1996.
The complaint in this matter was filed on February 13, 1996. The complaint alleges
that respondent is violating Sections 23 and 24 of the Environmental Protection Act and 35 Ill.
Adm. Code 900.102 from the operation of a motorcycle repair shop, Central Illinois Dirt
Riders Association motorcycle club and motorcycle/ATV/4x4 track and course. The subject
property is located on an eighty acre tract located in Fulton County approximately five miles
east of Canton, Illinois.
Respondent states that while the complaint alleges dust, dirt, noise and air pollution,
the provisions of the Act cited in the complaint relate only to noise. Therefore, the respondent
maintains that the Board’s inquiry should be limited to the Board’s jurisdiction to hear this
complaint as a noise complaint.
Respondent maintains that this action is duplicitous and frivolous, and should be
dismissed. The respondent contends that this action is duplicitous to an action filed by Fulton
County State’s Attorney against respondent. The issue in the case presently pending in Fulton
County Circuit Court is whether respondent is in compliance with Fulton County Zoning
Ordinance. However, respondent notes that the complained of activity, motor sports, is the
same as in the complaint filed with the Board.
Respondent further asserts that the activities are an “organized amateur or professional
sporting activity” as defined in Section 3.25 of the Act. The Central Illinois Dirt Riders
Association (C.I.D.R.A.) was originally incorporated in 1991. The Articles of Incorporation
state the purpose of the organization as:
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Educational purposes and athletic competition for owners and operators of off-
track motorcycles and all-terrain vehicles, including instruction and safe
handling, vehicle maintenance and other similar non commercial recreational
activities.
(Exh. C of Resp. Br.)
Respondent maintains that members of the public are invited to observe and participate in the
events scheduled by C.I.D.R.A.
Complainants maintain that the Board has jurisdiction over this matter and can provide
the relief sought. Complainants contend that the facts of this matter are significantly different
from other complaints where the Board and the courts have ruled against complainants seeking
relief from noise generated from sporting activities. Complainant maintains that respondent
and others use of the track at all hours and activities associated with the motorcycle repair shop
are not organized sporting activities. Complainants maintain that the continuous daily noise
and dust to which the Marshalls are subjected to is exactly the type of evil the statute was
intended to remedy.
DISCUSSION
Section 24 of the Act provides that "[n]o person shall emit beyond the boundaries of his
property any noise that unreasonably interferes with the enjoyment of life or with any lawful
business or activity". Accordingly, the Board's rules define noise pollution as "the emission of
sound that unreasonably interferes with the enjoyment of life or lawful business or activity"
and prohibit the emission of such noise pollution beyond the boundaries of one's property. (35
Ill. Adm. Code 900.101 and 900.102.)
Section 25 of the Act places restrictions on the Board's ability to hear noise violation
proceedings involving certain sporting activities:
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 (1994).
In addition, the Board notes that Section 3.25 of the Act defines "Organized Amateur
or Professional Sporting Activity" as:
[a]n 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, 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
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government, state agencies, colleges, universities or professional sports clubs
offering exhibitions to the public.
415 ILCS 5/3.25 (1994).
The Board must ascertain whether the activities alleged in the complaint filed on
February 13, 1996 constitute an “organized amateur or professional sporting activity” and are
therefore exempt from the Board’s noise regulations.
The Board has reviewed and given consideration to all of the arguments presented by
the parties. The Board finds that the complained of activities do represent an “organized
amateur or professional sporting activity” as defined by the Act. Therefore, the Board does
not have jurisdiction to hear this matter. The Articles of Incorporation for C.I.D.R.A state
that the purpose of the organization is educational. The activities complained of in the
complaint include organized motor sports which is specifically included in the definition of
“organized amateur or professional sporting activity”.
“Organized amateur or professional sporting activity” includes “all necessary actions
and activities associated with such an activity”. The repair activities at the motorcycle repair
shop ancillary to racing and use of the track for other than organized events are necessary
actions and activities associated with the motor sports activities that take place on the subject
property. (See Fore v. Midstate Kart Club (December 16, 1993), PCB 93-171.)
The Board finds that the complained of activities do represent an “organized amateur or
professional sporting activity” as defined by the Act. Therefore, the Board does not have
jurisdiction to hear this matter concerning alleged violations of the Board’s noise regulations.
(See Hinsdale Golf Club V. Kochanski (2d Dist. 1990), 197 Ill. App.3d 634, 555 N.E. 2d 31
and Shephard v. Northbrook Sports Club (2d Dist. 1995) 272 Ill. App.3d 764, 651 N.E. 2d
555.) Additionally, the Board finds that the complaint is insufficiently plead as to any
activities causing noise that may lie outside the exemption for this matter to proceed to
hearing.
While the complaint also alleges dust, dirt and air violations, the complaint only cites
provisions of the Act and Board regulations that pertain to noise. As such, this complaint is
not sufficiently plead to proceed to hearing. The Board therefore dismisses the entire
complaint in this matter since the complaint only cites to noise provisions of the Act and
regulations which do not apply to activities at the facility.
CONCLUSION
Based on the record, the Board finds that the respondent’s activities as alleged in the
complaint constitute an “organized amateur or professional sporting activity”. Pursuant to
Section 25 of the Act the Board’s noise standards and regulations do not apply to these
activities. Therefore, the Board does not have jurisdiction to hear the complaint as filed
alleging violations of the noise standards.
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The complaint in this matter is hereby dismissed and the docket closed.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) 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. Adm. Code
101.246 "Motions for Reconsideration.")
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board