ILLINOIS POLLUTION CONTROL BOARD
    December 14,
    1994
    RODNEY
    B.
    NELSON, M.D.,
    )
    Complainant,
    v.
    )
    PCB 94—247
    (Enforcement)
    KANE
    COUNTY FOREST PRESERVE,
    )
    BRADLEY SAUER,
    CHAIRMAN and
    )
    KANE
    COUNTY COUGARS, WILLIAM
    )
    LARSEN, GENERAL MANAGER,
    )
    Respondents.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    On September
    9,
    1994,
    Rodney B.
    Nelson, M.D.,
    filed a
    complaint against Kane County Forest Preserve, Bradley Sauer,
    Chairman and the Kane County Cougars, William Larsen, General
    Manager’.
    The complaint alleges 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)).
    Motion to Strike
    On November 14,
    1994,
    complainant filed a motion for summary
    judgment with supporting affidavit.
    On December
    1,
    1994, the
    Kane County Forest Preserve (Forest Preserve)
    filed a motion to
    strike affidavit/response to motion for summary judgment.
    The
    Board today will rule on the Forest Preserve’s motion to strike
    affidavit.
    The Board will reserve ruling on the pending motion
    for summary judgment until the issue of the sporting activity
    exemption (discussed below)
    has been briefed.
    The Forest Preserve claims that complainant’s affidavit
    should be stricken for three reasons:
    because it contains
    hearsay, contains ultimate conclusions of fact,
    and does not
    provide any measurement for the “explosions” other than the fact
    they were “loud”.
    The Board’s procedural rules allow any
    evidence which is material, relevant, and would be relied upon by
    reasonably prudent persons in the conduct of serious affairs.
    (35 Ill.
    Adm. Code 103.204(a).)
    Therefore the Board finds the
    entire affidavit to be relevant and admissible into evidence.
    I
    Respondent Kane County Board, Warren Kainmerer, Chairman was
    dismissed by Board order dated October
    6,
    1994.
    2
    The amount of weight given to each of the alleged facts in the
    affidavit will be determined by the Board.
    Sporting Activities Exemption
    The Board notes that 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 (1994)
    In addition, the Board notes that Section 3.25 of the Act,
    as amended in P.A.
    84-1308, defines “Organized Amateur or
    Professional Sporting Activity” as:
    ajn
    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
    (1994)
    The Board directs the parties in this proceeding to file a
    brief with the Board by February
    1,
    1995,
    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 rulings
    in Anne Shepard, James
    Verhein.
    and Jerold Leckman
    v. Northbrook Sports Club and Village
    of Hainesville, PCB 94—2
    (May 5,
    1994
    );
    Hinsdale Golf Club v.
    Kochanski
    (2d Dist.
    1990),
    197 Ill.App.3d
    634,
    555 N.E.2d 31;
    Fore v. Midstate Kart Club, PCB 93-171 (December
    16,
    1993) and
    Pecka v.
    Skylarks Remote Control Airplane Club,
    PCB 92-27
    (May 7,
    1992)
    IT IS SO ORDERED.
    3
    C.
    A. Manning concurred.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board4~tierebycertify ~hat the above order was adopted on the
    /~/C#~
    day of _________________________,
    1994,
    by a vote of
    ________
    .
    4~I~
    Dorothy N. G~n, Clerk
    Illinois Po,X~utionControl Board

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