ILLINOIS POLLUTION CONTROL BOARD
    March 21,
    1996
    MR.
    & MRS.
    DON WILLIAMS,
    )
    MR.
    & MRS. THOMAS
    MORRIS
    and
    )
    MRS.
    PE’l’ER BIZIOS,
    )
    )
    Complainants,
    )
    )
    v.
    )
    P03
    96-186
    )
    (Enforcement-Noise)
    SCHAUMBURU
    PARK
    DISTRICT,
    )
    )
    Respondent.
    )
    ORDER OF
    THE BOARD
    (by
    E.
    Dunham):
    On March 5,
    1996, Mr.
    & Mrs.
    Don Williams,
    Mr.
    & Mrs. Thomas Morris
    and Mrs.
    Peter Bizios filed a complaint against the Schaumburg Park District.
    The
    complaint alleges that noise from basketball playing violates Sections 23 and 24 of the
    Environmental Protection Act
    (Act)
    (415
    ILCS 5/23 and 24 (1994)) and 35 Ill.
    Adm.
    Code 901.102 and 901.104.
    Section 31(b) of theAct states that when a citizen’s enforcementcomplaint is
    filed “~unless
    the Board determines that such complaint is duplicitous
    or frivolous,
    it
    shall schedule a hearing.”
    (415
    ILCS 5/31(b)
    (1994).)
    Also, the Board regulations
    in part provide:
    If a complaint is filed by a person other than the Agency,
    ***
    the
    Chairman shall place the matter on the Board agenda for Board
    determination whether the complaint
    is duplicitous or frivolous.
    If the
    Board rules that the complaint
    is duplicitous
    or frivolous,
    it
    shall enter
    an
    order seuing forth its reasons for so ruling
    and
    shall notify the parties
    of its decision.
    If the Board rules that the complaint is not duplicitous or
    frivolous, this
    does not preclude the
    filing of motions
    regarding the
    insufficiency of the pleadings.
    35
    Ill.
    Adm. Code 103.124
    An action before the Board is duplicitous if the matter is identical or
    substantially similar to one brought before
    the Board or in another forum.
    (Brandle v.
    Ropp (June 13,
    1985),
    PCB
    85-68,
    64 PCB 263; League of Women Voters
    v. North
    Shore Sanitary Dist.
    (October 8,
    1970),
    PCB 70-1,
    1
    PCB
    35.)
    An action before the
    2
    Board is frivolous if
    it fails to state a
    cause of
    action upon which relief can be granted.
    (Citizens for a Better Environment v.
    Reynolds Metals Co. (May
    17,
    1973), PCB 73-
    173,
    8 PCB 46.)
    To date, the respondent in this matter has not filed a motion with the
    Board asserting that this mattcr should be dismissed
    as either frivolous or duplicitous.
    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:
    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,
    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
    (1994).
    The Board directs each party in this proceeding
    to file a brief 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 Board directs the parties’
    attention to the Appellate Courts
    rulings in Anne Shephard v. Northbrook Sports Club (2d Dist, May 4,
    1995),
    272 Ill.
    App.3d 764,
    651
    N.E. 2d
    555,
    Hinsdale Golf Club v.
    Kochanski
    (2d Dist.
    1990),
    197
    Ill.App.3d 634,
    555
    N.E.2d 31;
    and
    to this Board’s decision in Rodney B.
    Nelson.
    M.D. v.
    Kane County Forest Preserve
    (February
    16,
    1995), PCB 94-247, Fore v.
    Midstate Kart Club (December
    16,
    1993), PCB 93-171
    and Pecka v.
    Skylarks Remote
    Control
    Airplane
    Club (May 7,
    1992), PCB 92-27.
    The parties’
    briets on the
    above
    issue shall be filed with the Board and served on the opposing parties and hearing
    officer on or before May 3,
    1996.
    IT IS SO
    ORDERED.
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control Board,
    hereby
    certify that the above order was adopted on the
    6?i
    ~
    day of
    7i—~
    t-.c._~.4
    1996,byavoteof
    7~°
    Dorothy M. 9~nn,Clerk
    Illinois Pollutibn Control Board

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