ILLINOIS. POLLUTION CONTROL BOARD
    May 7, 1992
    RICHARD J. PECKA,
    )
    JANICE M. PECKA,
    )
    )
    Complainants,
    PCB 92—27
    v.
    )
    (Enforcement)
    )
    SKYLARKS REMOTE CONTROL
    )
    AIRPLANE
    ,
    )
    )
    and
    )
    JOHN
    CROWN
    )
    GOLDEN OAKS FARM,
    )
    )
    Respondents.
    ORDER OF THE BOARD (by
    a.
    C. Marlin):
    This matter comes before the Board on a February 28, 1992
    motion to strike and dismiss filed on behalf of respondent John
    Crown, Golden Oaks Farm, and an April 20, 1992 motion to dismiss
    filed on behalf of respondent Skylarks Remote Control Airplane Club
    (Skylarks). In an order dated March 26, 1992, the Board noted the
    threshold issue that Section 25 of the Environmental Protection Act
    (Act) (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 1025) places certain
    restrictions on the Board’s ability to hear noise complaints
    involving certain sporting activities. The Board quoted the
    pertinent language as follows:
    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 in this Section. Baseball,
    football or soccer sporting events played during
    nighttime hours, by professional athletes, in a city with
    more than 1,000,000 inhabitants, in a stadium at which
    such nighttime events were not played prior to July 1,
    1982, shall be subject to nighttime noise emission
    regulations promulgated by the Illinois Pollution Control
    Board.
    The Board also directed the parties’ attention to the
    Appellate Court ruling in Hinsdale Golf Club v. Kochanski (2d Dist.
    1990), 197 I11.App.3d 634, 555 N.E.2d 31. The Board then required
    the parties to file written ddcumnents discussing whether the
    complained of activity is an “organized amateur or professional
    sporting activity” with the Board by April 16, 1992. On April 16,
    1992, respondents filed a motion to extend until April 20, 1992,
    the time in which to file the respondents’ written documents
    133—273
    discussing whether the complained of activity falls within the
    “organized amateur or professional sporting activity” exception.
    The motion for the extension in which to file the written documents
    is hereby granted.
    On April 9, 1992, complainants filed their response to the
    Board’s order of March 26, 1992, alleging that Skylarks is not an
    “organized amateur or professional sporting activity” within the
    meaning of the statute. The statutory definition of “organized
    amateur or professional sporting activity” is contained in Section
    3.25 of the Act:
    “ORGANIZED AMATEUR OR PROFESSIONAL SPORTING ACTIVITY”
    means 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.
    Complainants assert that Golden Oaks Farm is private property
    that is being rented to a private club, that the access road
    leading to the flying area is private farm property, and that no
    signs mark the access roads indicating that the flying area exists.
    Additionally, complainants argue that because the flying club is a
    private club located on private land, and is not open to or for the
    benefit of the general public, it falls within the jurisdiction of
    the Illinois Pollution Control Board.
    On April 20, 1992, respondent Skylarks filed a motion to
    dismiss and an affidavit in support thereof, alleging that the club
    is an “organized amateur or professional sporting activity” within
    the meaning of the statute. Respondent asserts that Skylarks has
    been in existence for over twenty years and has been located at the
    Golden Oaks Farm since 1986. Respondent also asserts that Skylarks
    obtained a permit from Lake County in 1987 granting it a right to
    operate at the Golden Oaks Farm. Respondent explains that Skylarks
    has designated hours of operation, and members are drawn from the
    general public who choose to apply and pay the initiation fee.
    Respondents also state that skylarks serves to provide
    entertainment for the general public and serves in an educational
    capacity for the general public. Finally, respondent asserts that
    the general public is invited to attend skylarks’ monthly meetings
    and has the ability to join once having attended these meetings.
    Respondent submitted the affidavit of Clement Germanier, former
    president and treasurer of Skylarks and current member of the club,
    113—274
    3
    to support its factual assertions.
    On April 22, 1992, respondent John Crown (Golden Oaks Farm)
    filed a memorandum in response to the order of the Board from March
    26, 1992. Respondent asserts that Skylarks conducts activities
    which are “organized motor sports” per Section 3.25 of the Act
    because the club draws members from the general public who choose
    to applyThe
    Board•and
    paynotesthe
    that,initiationtechnically,fee.1 the time for respondent to
    reply to Skylarks’ April 20, 1992 motion to dismiss has not run.
    However, Skylarks’ motion is premised on the same statutory issue
    which complainant has addressed in response to the Board’s March
    26, 1992 order. The Board sees no reason to delay decision under
    these circumstances.
    The Board finds that Skylarks falls within the statutory
    definition of an “organized amateur or professional sporting
    activity.” The activity is “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,” and the general
    public has the ability to apply for membership.
    Because the Board finds that the complained of activity falls
    within the statutory definition of an “organized amateur or
    professional sporting activity”, the Skylarks Remote Control
    Airplane Club is exempted from Board regulation under Section 25 of
    the Act. The Board accordingly grants the motions to dismiss.
    IT IS SO ORDERED.
    J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act (Ill. Rev.
    Stat. 1989, ch. 111 1/2, par. 1041) provides for the appeal of
    final Board orders. The Rules of the Supreme Court of Illinois
    establish filing requirements.
    I
    Respondent requested that the Board allow its filing to be
    on non-recycled paper because of the flooding of the Loop and the
    consequential relocation of respondent’s office. The motion to
    allow filing •on non-recycled paper is hereby granted.
    I
    33—275
    4
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    ____________
    day of
    ______________,
    1992, by a vote of
    7 ~
    Control Board
    133—276

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