Illinois Noise Statutes
Environmental Protection Act
Sec. 25. The Board, pursuant to the procedures prescribed in Title VII of this Act, may adopt regulations prescribing limitations on noise emissions beyond the boundaries of the property of any person and prescribing requirements and standards for equipment and procedures for monitoring noise and the collection, reporting and retention of data resulting from such monitoring.
The Board shall, by regulations under this Section, categorize the types and sources of noise emissions that unreasonably interfere with the enjoyment of life, or with any lawful business, or activity, and shall prescribe for each such category the maximum permissible limits on such noise emissions. The Board shall secure the co-operation of the Department in determining the categories of noise emission and the technological and economic feasibility of such noise level limits.
In establishing such limits, the Board, in addition to considering those factors set forth in Section 27 of this Act, shall consider the adverse ecological effects on and interference with the enjoyment of natural, scenic, wilderness or other outdoor recreational areas, parks, and forests occasioned by noise emissions from automotive, mechanical, and other sources and may establish lower permissible noise levels applicable to sources in such outdoor recreational uses.
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; however, the following events shall not be subject to such regulations:
- baseball World Series games, league championship series games and other playoff games played after the conclusion of the regular season, and baseball All Star games; and
- sporting events or other events held in a stadium which replaces a stadium not subject to such regulations and constructed within 1500 yards of the original stadium by the Illinois Sports Facilities Authority.
For purposes of this Section and Section 24, "beyond the boundaries of his property" or "beyond the boundaries of the property of any person" includes personal property as well as real property. (Source: P.A. 89-445, eff. 2-7-96.)
Sec. 27. Rulemaking.
- The Board may adopt substantive regulations as described in
this Act. Any such regulations may make different provisions as
required by circumstances for different contaminant sources and for
different geographical areas; may apply to sources outside this State
causing, contributing to, or threatening environmental damage in
Illinois; may make special provision for alert and abatement standards
and procedures respecting occurrences or emergencies of pollution or on
other short-term conditions constituting an acute danger to health or to
the environment; and may include regulations specific to individual
persons or sites. In promulgating regulations under this Act, the Board
shall take into account the existing physical conditions, the character
of the area involved, including the character of surrounding land uses,
zoning classifications, the nature of the existing air quality, or
receiving body of water, as the case may be, and the technical
feasibility and economic reasonableness of measuring or reducing the
particular type of pollution. The generality of this grant of authority
shall only be limited by the specifications of particular classes of
regulations elsewhere in this Act.
No charge shall be established or assessed by the Board or Agency
against any person for emission of air contaminants from any source, for
discharge of water contaminants from any source, or for the sale, offer
or use of any article.
Any person filing with the Board a written proposal for the
adoption, amendment, or repeal of regulations shall provide information
supporting the requested change and shall at the same time file a copy
of such proposal with the Agency and the Department of Natural
Resources. To aid the Board and to assist the public in determining
which facilities will be affected, the person filing a proposal shall
describe, to the extent reasonably practicable, the universe of affected
sources and facilities and the economic impact of the proposed rule.
- Except as provided below and in Section 28.2, before the
adoption of any proposed rules not relating to administrative procedures
within the Agency or the Board, or amendment to existing rules not
relating to administrative procedures within the Agency or the Board,
the Board shall:
- request that the Department of Commerce and Community
Affairs conduct a study of the economic impact of the proposed
rules. The Department may within 30 to 45 days of such request
produce a study of the economic impact of the proposed rules. At a
minimum, the economic impact study shall address (A) economic,
environmental, and public health benefits that may be achieved
through compliance with the proposed rules, (B) the effects of the
proposed rules on employment levels, commercial productivity, the
economic growth of small businesses with 100 or less employees, and
the State's overall economy, and (C) the cost per unit of pollution
reduced and the variability in cost based on the size of the
facility and the percentage of company revenues expected to be used
to implement the proposed rules; and
- conduct at least one public hearing on the economic impact
of those new rules. At least 20 days before the hearing, the Board
shall notify the public of the hearing and make the economic impact
study, or the Department of Commerce and Community Affairs'
explanation for not producing an economic impact study, available
to the public. Such public hearing may be held simultaneously or as
a part of any Board hearing considering such new rules.
In adopting any such new rule, the Board shall, in its written
opinion, make a determination, based upon the evidence in the public
hearing record, including but not limited to the economic impact study,
as to whether the proposed rule has any adverse economic impact on the
people of the State of Illinois.
- On proclamation by the Governor, pursuant to Section 8 of the
Illinois Emergency Services and Disaster Act of 1975, that a disaster
emergency exists, or when the Board finds that a severe public health
emergency exists, the Board may, in relation to any proposed regulation,
order that such regulation shall take effect without delay and the Board
shall proceed with the hearings and studies required by this Section
while the regulation continues in effect.
When the Board finds that a situation exists which reasonably
constitutes a threat to the public interest, safety or welfare, the
Board may adopt regulations pursuant to and in accordance with Section
5-45 of the Illinois Administrative Procedure Act.
- To the extent consistent with any deadline for adoption of any
regulations mandated by State or federal law, prior to initiating any
hearing on a regulatory proposal, the Board may assign a qualified
hearing officer who may schedule a prehearing conference between the
proponents and any or all of the potentially affected persons. The
notice requirements of Section 28 shall not apply to such prehearing
conferences. The purposes of such conference shall be to maximize
understanding of the intent and application of the proposal, to reach
agreement on aspects of the proposal, if possible, and to attempt to
identify and limit the issues of disagreement among the participants to
promote efficient use of time at hearing. No record need be kept of the
prehearing conference, nor shall any participant or the Board be bound
by any discussions conducted at the prehearing conference. However,
with the consent of all participants in the prehearing conference, a
prehearing order delineating issues to be heard, agreed facts, and other
matters may be entered by the hearing officer. Such an order will not
be binding on nonparticipants in the prehearing conference.
(Source: P.A. 90-489, eff. 1-1-98; 91-357, eff. 7-29-99.)