R-78-051
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RESOLUTION NO. R-78-5'
RESOLUTION IN OPPOSITION TO HOUSE BILL 2754
WHEREAS, there is currently legislation pending in the Legislature
of the State of Illinois, commonly known as House Bill 2754; and
WHEREAS, said House Bill 2754 has as one of its purposes the
granting of an exemption from the Environmental Protection Agency Noise
Regulations for gun clubs in existence prior to January 1, 1975; and
WHEREAS, the corporate authorities of the Village of Deerfiel&vdeem
it to be in the best interests of the residents of the Village of Deerfield that
said Environmental Protection Agency Noise Regulations remain applicable to
gun clubs,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND
COOK COUNTIES, ILLINOIS, AS FOLLOWS:
Section That the corporate authorities of the Village of
One: Deerfield hereby formally place on record their
opposition to the enactment of House Bill 2754
and respectfully solicit the assistance of members of the House of Repre-
sentatives, the Senate and the Governor in defeating the proposed legis-
lation.
Section That the Village Clerk be and is hereby directed to
Two: send a certified copy of this Resolution to those
members of the House of Representatives and the
Senate representing the residents of the Village of Deerfield and, in
addition, to the Governor's office.
AYES: Blumenthal, Gavin, Heisler, Seidman, Swanson (5)
NAYS: None (0)
ABSENT: Marty (1)
PASSED this 3rd day of July , A. D. 1978.
APPROVED this 3rd
ATTEST:
VILLAGE CLERK
day of July , A. D. 1978.
JOHN EDWARD PORTER
STATE REPRESENTATIVE — 1st DISTRICT
COMMITTEES
JUDICIARY: CIVIL
EDUCATION: ELEMENTARY AND SECONDARY
DISTRICT OFFICE
SUITE 360 STATE NATIONAL BANK PLAZA
EVANSTON, ILLINOIS 60201
(312) 491 -0101
STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES
SPRINGFIELD, ILLINOIS 62706
June 26, 1978
Bernard Forrest, Mayor
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Dear Mayor Forrest:
SERVING THE PEOPLE OF:
ARLINGTON HEIGHTS
BUFFALO GROVE
EVANSTON
KENILWORTH
GLENCOE
GLENVIEW
NORTHBROOK
NORTHFIELD
PROSPECT HEIGHTS
WHEELING
WILMETTE,
WINNETKA
I received your letter of June 19, 1978, regarding HB 2754.
I of course appreciate your viewpoint on this. subject, but
must respectfully disagree.
The Northbrook Gun Club was founded many years ago when there
were absolutely no residences in the area. Developers built in
this area, and presumably, purchasers bought their homes, knowing
of the existence of a gun club. You are quite correct that this is
not a reason to exempt the gun club from all present laws, but it
certainly is a valid reason to exempt them from those regulations
that would simply put them out of business.
In fact, the Environmental Protection Agency agrees with this
position, and realizes that it has far more important things to do
than to worry about minor, stationary noise sources. I have been
urging the EPA for some time to formulate regulations, for example,
to control airport noise as they were mandated to do by the General
Assembly in 1972. It seems to me that this is far more important to
the people than to have their inspectors be concerned with gun club
noise.
I want to advise you that the bill was passed by the Senate and
that the House concurred in a nate amend ent (that I do not agree
with) and the bill has been sen to the Go rnor for signature.
I do appreciate your writ
respect your opposition to this
JEP /sf
ng, Mr. Ma o , and do understand and
egi sl do
cerel ,
J n Edward Porter
Illinois Environmental Protection Agency
217/782 -5544
June 22, 1978
Honorable Karl Berning
Illinois State Senator
218 State Capitol Building
Springfield, Illinois 62706
Re: People vs. Northbrook Sports Club
Dear Senator Berning:
The following is the chronology:
2/17/76 - People vs. Northbrook Sports Club filed Circuit Court,
Cook County 4175 CH 6999.
3/19/76 - Motion to Dismiss granted.
4/19/76 - Motion tp File Amended Complaint and Vacate Dismissal heard.
6/7/76 - Motion for Leave to.File and for Vacation denied.
10/26/76 - People vs. Northbrook Sports Club filed IPCB 4176 -265.
12/2/76 - PCB Complaint stayed pending decision by the courts on
4175 CH 6999.
9/28/77 - Circuit Court reversed by First District Appellate Court
53 Ill. App. 3d 331, 368 N.E. 2d 663. Petition for Review
denied by Circuit Court.
6/22/78 - Case to be set for hearing in Circuit-Court, Cook County, soon.
JMB:mc
Sincerely,
James M. Bumgarner
Senior Technical Advisor
Enforcement Programs
2200 Churchill Road, Springfield, Illinois 62706
L
HB2754 Engrossed
LRB80- 7990 -AW /mf
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AN ACT to amend Section -25 of the "Environmental
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Protection Act ", approved June 29, 1970, as amended.
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Be it enacted- by -the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Section 25 of the "Environmental Protection
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Act ", approved June 29, 1970, As amended, is amended to read
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as follows:
apply to skeet, trap or shooting sports clubs chartered
and
(Ch. 111 1/2, par. 1025)
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Sec. 25. The Board, pursuant to the procedures prescribed
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in Title VII of this Act, may adopt .regulations prescribing
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limitations on noise emissions beyond the boundaries.of the
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property of any person and prescribing, requirements and
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standards for equipment and procedures for monitoring noise
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and the collection, reporting and retention of data resulting
the
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from such monitoring.
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The Board shall, by regulations under this Section,
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categorize the types and sources of noise emissions that.
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unreasonably.interfer.e with the enjoyment of life, or with
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any lawful.-- ,business, or activity, and shall.prescribe• for
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each such category the maximum permissible limits on such
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noise emissions. The Board shall secure the co- operation of
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the Illinois Institute on Environmental Quality in
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determining the categories of noise emission and the
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technological and economic feasibility of such noise level
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limits.
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In establishing such limits, the Board, in addition to
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considering those factors set forth in .Section 27 of this
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Act, shall consider the adverse ecological effects on and
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interference with the enjoyment of natural, scenic,
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wilderness or other outdoor recreational areas, parks, and
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forests occasioned by noise' emissions from automotive,
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mechanical, and other sources and may establish lower
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permissible noise levels applicable to sources in such
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-�- H62754
Engrossed -2- LRB80- 7990 -AW /mf
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outdoor recreational uses.
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However, no Board standards for monitoring noise
or
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regulations prescribing limitations on noise emissions shall
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apply to skeet, trap or shooting sports clubs chartered
and
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operational prior to January 1, 1975, which are situated
in
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the same location in which they were situated prior
to
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January 1, 1975.
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For purposes of this Section and Section 24, "beyond
the
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boundaries of his property" or "beyond the boundaries of
the
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property of any person" includes personal. property as well
as'
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real property.
;:a
809th GENERAL ASSEMBLY
• State of Illinois
1977 and 1978
INTRODUCED fAkrJ, , BY h' o rfe r- p�
�ti� loafs:
AMENDED
SYNOPSIS: (Ch. 111 1/2, par..1025)
Amends the Environmental Protection Act. Exenpts
from noise emission standards and regulations spectator
sporting events and contests, events.or rallies sponscred b!-
sports car associations c;iartered in the State of Illinois,
and skeet, trap, . or shooting - sports --clubs-chartered-and
operational prior. to January 1,- 1975.
LRBSO- 7990— AW /nf_
A BILL FOR
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AMENDED
SYNOPSIS: (Ch. 111 1/2, par..1025)
Amends the Environmental Protection Act. Exenpts
from noise emission standards and regulations spectator
sporting events and contests, events.or rallies sponscred b!-
sports car associations c;iartered in the State of Illinois,
and skeet, trap, . or shooting - sports --clubs-chartered-and
operational prior. to January 1,- 1975.
LRBSO- 7990— AW /nf_
A BILL FOR
/ .2 /b' LRB80- 7990am4 -AN /lw
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AMENDMENT TO HOUSE BILL 2754
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AMENDMENT NO. —2—. Amend House Bill 2754 on base It
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line 1• by deleting "Section 25" and inserting in lieu
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thereof "Sections 3 and 25 "; and
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on paqe 19 by deleting lines 5 through 7 and inserting in
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lieu thereof the following:
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"Section 1. Sections 3 and 25 of the 'Environmental
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Protection Act`. approved June 299 19709 as amended. are
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amended to read as follows:
(Ch. 111 1/2• par. 1003)
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Sec. 3. (a) "Agency" is the Environmental Protection
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Agency established by this cct.
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(b) "Air Pollution" is the presence in the atmosphere of
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one or more contaminants in sufficient quantities and of such
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cnarecteristics and duration as to be injurious to human.
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plantp or animal lifev to health, or to propertyv or to
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unreasonably interfere with the enjoyment of life or
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property.
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(c) "boars" is the Pollution Control Board established
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by this Act.
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(d) "Contaminant" is any solidt liquid, or oaseous
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matter• any odor, or any form of energy, from whatever
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source.
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(e) "Garbage" is waste resulting from the handling,
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1 processinn, preparation. Cookingv and consumption of food.
2 and wastes from the handling, processing, storage, and sale
3 of produce.
ti (f) •Institute" is the Illinois Institute. for
5 Environmental Ouality established by this Act.
o (g) "Open burning" is the combustion of any matter in
7 the open or in an ooen dump.
a (n) "Open dumping" means the consolidation of refuse
9 from one or more sources at a central disposal site that does
10 not fulfill the reduirements of a sanitary landfill.
11 (i) "Person" is any individual, partnersnip,
12 co- partnership, firm, company, corporation. association*
13 joint stock company, trustv estate, political subdivision,
14 state aoency, or any other legal entity, or tneir legal
15 representative, agent or assigns.
16 (j) "Public water supply" means all mains, pipes and
17 structures through which water is obtained and distributed to
18 the public, includinn wells end well structures, intakes and
19 cribs, pumping stations, treatment plants. reservoirs,
20 storage tanks and appurtenances, collectively or severally,
21 actually used or intended for use for the purpose of
22 furnisninc: water for drinkinq or aeneral domestic use in
23 incorporated municipalities; or unincorporated communities
24 where 10 or more separate lots or properties are being served
25 or intended to be served; State -owned parks and memorials;
26 and State -owned educational, charitable• or penal
27 institutions.
26 (k) "Refuse" is any garbaoe or other discarded materials
29 with the excention of radioactive materials discarded in
30 accordance with the provisions of "An Act to authorize the
31 Director of Public Health to purchase• lease, accept or
32 acquire suitable sites for the concentration and storage of
33 radioactive wastes, to provide for supervision of the
34 operation of such sites and to authorize the Department of
35 Public f1ralth to prepare and to enforce regulations
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pertaining to the use and operation of such sites ", approved
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Auoust 16, 19639 as now or hereafter amenoed, and as
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authorized by regulations promulgated pursuant to the
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"Radiation Protection Act ",.approved July 179 19599 as now or
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hereafter amended.
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(1) *Sanitary landfill" means the disposal of refuse on
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land without creating nuisances or hazards to public health
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or safety, by confining the refuse to the smallest practical
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volume and coverinc it with a layer of earth at the
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conclusion of each day's operation• or by such other methods
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and intervals as the Board may provide by regulation.
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(m) "Sewage works" means individually or collectively
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those constructions or devices used for collecting, pumping•
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treatingv and oisposina of sewage, industrial waste or other
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wastes or for the recovery of by- products from such wastes.
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(n) "Water pollution" is such alteration of the
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physical♦ thermal♦ chemical, biological or radioactive I
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properties of. any waters of the State, or such discharge of
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any contaminant into any waters of the State, as will or is
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likely to create a nuisance or render such waters harmful or
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oetrimental or injurious to public health• safety or welfare.
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or to domestic, Commercial• industrial, agricultural•
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recreational, or other legitimate uses, or to livestock, wild
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animalsv birds, fish, or other aouatic life.
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(o) "Eaters" means all accumulations of water, surface
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and underground, natural• and artificial, public and private•
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or parts thereof, which are wholly or partially within, flow
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through, or border upon this State.
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(p) "Municinality" means any city, village or
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incorporated town.
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(q) "Trade secret" means the whole or any portion' or
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phase of any scientific or technical information, desion,
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process including; a manufacturing process, procedure, tormula
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or improv (-ment, or business plan which is secret in that it
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has not been published or disseminated or otherwise hccome a
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matter of neneral public knowledge, and which has competitive
value. A trade secret is presumed to be secret when the
owner thereof takes reasonable measures to prevent it from
becoming available to persons other than those Selected by
the owner to have access thereto for limited purposes.
(r) "Intermittent control system" is a system which
proviaes for the planned reduction of source emissions of
sulfur dioxide.during periods when meteorological conditions
are suchv or are anticipated to be such, that sulfur dioxide
ambient air quality standards may be violated unless such
reductions are made.
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