ILLINOIS POLLUTION CONTROL BOARD

November 18, 1993

LEO

G. FORE,

)

Complainant,

v.

)

PCB 93—171

(Enforcement)

MIDSTATE KART CLUB,

Respondent.

ORDER OF THE BOARD (by N. Nardulli):

On September 9, 1993, Leo G. Fore filed a complaint with the

Board alleging Nidstate Kart Club emits noise in violation of

Sections 23 and 24 of the Environmental Protection Act (Act). On

October 6, 1993, the Board directed the parties to address

whether the complained of activity is an “organized amateur or

professional sporting activity” and whether the claim alleges

violations which fall within the Board’s purview. The Board

directed the parties’ attention to the Appellate Court ruling in

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 Pecka v.

Skylarks Remote Control Airplane Club, PCB 92—27 (Nay 7, 1992).

On October 12, 1993, Midstate Kart Club filed a motion to

dismiss. On November 5, 1993, Mr. Fore filed a document in

response to the Board order. The parties assert facts which, if

true, will likely affect the outcome of this matter. However,

the filings contain information which is not of record in this

proceeding and are not supported by affidavit as required by 35

Ill. Adm. Code 101.242. The Board will not consider the

information presented in the filings until the Board is in

receipt of supporting affidavits.

The parties are hereby given leave to file affidavits in

support of the statements contained in the filings. Any

affidavits filed must be received by the Board on or before

November 30, 1993.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Boar~, hereby certify that the above order was adopted on the

~

day of

/J~

,

1993, ~ a vote

of

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_//.

t5orbthy M. Gi~nn, Clerk

Illinois PoIiLution Control Board