ILLINOIS POLLUTION CONTROL
    BOARD
    March
    7,
    1996
    GILBERT &
    LENDA MARSHALL,
    )
    )
    Complainants,
    )
    v.
    )
    PCB 96-179
    )
    (Enforcement Air-Noise)
    )
    DANNY
    LINGENFELTER,
    )
    INDIVIDUALLY
    & AS
    PRESIDENT
    )
    OF CENTRAL ILLINOIS DIRT RIDERS
    )
    ASSOCIATION,
    )
    )
    Respondent.
    )
    ORDER OF
    THE BOARD (by E.
    Dunham):
    On February
    13,
    1996
    Gilbert and Lenda Marshall filed a complaint against
    Danny Lingenfelter,
    individually and as president of Central
    Illinois Dirt Riders
    Association.1
    The complaint alleges that dust,
    dirt and noise
    are caused by
    vehicles
    using the motorcycle shop and track.
    The complaint alleges that these activities result
    in a violation of
    Sections
    23
    and 24 of the Environmental Protection Act
    (Act)
    (415
    ILCS
    5/23
    and
    24 (1994)) and
    35
    Ill. Adm.
    Code 901.102.
    Section
    3 1(b) of the Act states that when a citizen’s enforcement complaint
    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 setting
    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.
    In a cover letter to the complaint, the complainants asked the
    Board to advise
    if
    the complainants could
    file for damages in the
    Fulton County Circuit Court concurrently with filing before the Board.
    The Board
    cannotprovide advice to parties on
    how to advocate their claims.
    Accordingly, the Board will not further
    respond to complainants’ request for advice.
    2
    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
    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 matter 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:
    am
    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 Shenhard
    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 93-17 1
    and Pecka
    v.
    Skylarks Remote
    3
    Control Airplane Club (May
    7,
    1992),
    PCB 92-27.
    The parties’ briefs
    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.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control Board,
    hereby
    certify
    that the above order was adopted on the
    7
    ~
    day of
    )7?
    ~
    1996, by
    a vote of
    7
    O
    7*
    ~
    Dorothy M,~’~unn,
    Clerk
    Illinois Poll4tion Control Board
    .
    .

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