ILLINOIS POLLUTION CONTROL BOARD
    July
    22, 1976
    IN
    THE
    MATTER OF
    PROPOSED MOTOR RACING
    )
    R75-ll
    NOISE REGULATIONS
    )
    IN
    THE MATTER
    OF THE
    )
    NOISE POLLUTION CONTROL REGULATIONS
    )
    R72-2
    ORDER OF THE
    BOARD
    (by Mr
    Goodman):
    On February
    23, 1976, the Environmental Protection Agency
    (Agency)
    filed a motion to Extend the Compliance Date in Rule
    209(j)
    of the Noise Regulations
    (Chapter 8)
    to November 10, 1976.
    On February 27,
    1976, the Association for Motor Sports
    (AMS)
    filed
    a Motion to Extend Effective Date of Noise Regulations.
    On March 22,
    1976, William Johnston,
    et al., residents in the
    vicinity of the Santa Fe Race Track,
    filed an Objection to the
    Motions of the Agency and AMS.
    The Board has considered the
    Motions and Brief submitted by the parties and hereby denies the
    Motions to extend the compliance date.
    In reviewing the above—mentioned Motions, the Board has
    discover?d a Motion filed on November 2, 1973, by
    AMS,
    et al.,
    petitioning the Board for a stay of the compliance dates of the
    Board’s Noise Regulations adopted in R72-2, pending the outcome
    of
    a petition for judicial review of R72-2 filed by these
    Petitioners in the Illinois Appellate Court.
    The Motion for
    Stay was filed by
    AMS
    as a representative of motor racing
    interests in Illinois,
    including the interests of those who
    participate in the sport as drivers,
    track owners,
    track
    operators, equipment manufacturers, wholesalers,
    and retailers,
    as well as by individual parties named
    in the Petition.
    The
    Board hereby denies
    the Motion for Stay.
    However the Board recognizes that Petitioners may have
    desired to pursue a Motion for Stay in Appellate Court but
    were precluded from doing so by Rule 335 of the Illinois
    Supreme Court Rules which requires Petitioners
    to exhaust
    their administrative remedy before seeking a stay
    in Appellate
    Court.
    Therefore,
    the Board on its own motion grants Petitioners
    a stay of Rule 209(j)
    of the Noise Regulations until November 22,
    1976, or until such time as Petitioners are either granted or
    denied a stay by the Illinois Appellate Court, whichever is sooner.
    Mr.
    Zeitlin abstained.
    23
    —
    179
    —2—
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Bard,
    hereby cer ify the above Order was adopte~.
    °~
    the
    ~
    day of
    ____________,
    1976 by a vote of
    ‘J..~
    Christan L. M’fet
    er
    Illinois Pollutio
    trol Board
    23
    —
    180

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