ILLINOIS POLLUTION CONTROL BOARD
    March 26, 1992
    RICHARD 3. PECKA,
    )
    JANICE N.
    PECKA,
    )
    )
    Complainants,
    )
    v.
    )
    PCB 92-27
    (Enforcement)
    )
    SKYLARKS REMOTE CONTROL
    )
    AIRPLANE CLUB,
    )
    )
    and
    )
    JOHN
    CROWN
    GOLDEN
    OAKS
    FARM,
    )
    Respondents.
    ORDER
    OF
    THE
    BOARD
    (by
    3.
    C.
    Marlin):
    This matter comes before
    the Board
    on
    a
    February
    28,
    1992
    m8tion to strike and dismiss filed
    on behalf of Respondent John
    Crown, Golden Oaks Farm.
    Prior to a determination on the merits of
    the motion to strike and dismiss, however, a threshold issue must
    be
    considered.
    The
    Board
    must,
    determine
    whether
    it
    has
    jurisdiction
    to
    hear
    the
    complaint.
    Section
    25
    of
    the
    Environmental Protection Act
    (Act)
    (Ill. Rev. Stat.
    1989,
    ch.
    Ill
    1/2, par. 1025) places restrictions on the Board’s ability to hear
    noise complaints 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 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 I.llinois Pollution Control
    Board.
    The statutory definition of “organized amateur or professional
    sporting activity” is contained in Section 325 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
    131—535
    2
    associated
    with
    suáh
    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.
    The ,Board
    directs
    the parties’
    attention
    to the Appellate
    Court ruling in Hinsdale Golf Club v. Kochanski
    (2d Dist.
    1990),
    197 Il1.App.3d
    634,
    555 N.E.2d 31.
    The Board notes the Hinsdale
    case
    contains
    an
    interpretation
    of
    the
    “organized
    amateur
    or
    professional sporting activity” exemption that may be applicable to
    this proceeding.
    The Board will require each party in this proceeding to file
    a written document discussing whether the complained of activity is
    an “organized amateur or professional sporting activity”, which is
    outside’ the Board’s authority to regulate.
    Any facts contained in
    these documents must be supported by an affidavit.
    The parties
    shall file one original and 10 copies of their document and proof
    that the document was served on the opposing party, not later than
    April
    16,
    1992.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,jiereby certify that the above Order was adopted on the
    day of
    ~
    ,
    1992, by a vote of
    _7-o
    ,,
    Clerk
    .lutjon Control Board
    131—536

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