415 ILCS 5/25

(415 ILCS 5/25) (from Ch. 111 1/2, par. 1025)

(Text of Section before amendment by P.A. 104-458)

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:

(1) 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

(2) 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.)

(Text of Section after amendment by P.A. 104-458)

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 connection with any commercial solar energy facility or commercial wind energy facility, the fee simple owner of a participating property, participating residence, nonparticipating property, nonparticipating residence, or any combination of those properties and residences may enter into a written waiver agreement or other similar instrument pursuant to which the owner agrees to waive the enforcement, either entirely or on a limited basis, of the rules and regulations that are adopted under this Section or Section 24 of this Act and that pertain to the facility. Such a waiver shall be recorded in the Office of the Recorder of the county in which the participating property, participating residence, nonparticipating property, or nonparticipating residence is located and, once recorded, shall be binding upon and constructive notice to all current and future owners, residents, lessees, invitees, and users of the property so long as the recorded waiver includes a legal description or location of the affected property and a reference that it waives certain provisions of this Act and their enforcement, as well as certain rules and regulations adopted under this Act and their enforcement. Upon the recording of such a waiver, in addition to the owner, the Board, Agency, or other person shall not be permitted to enforce the rules and regulations adopted under this Section or Section 24, and those rules and regulations shall not be effective, to the extent the rules and regulations for the affected property have been waived under this Section, against the facility that is the subject of the recorded waiver. An owner of any participating residence or nonparticipating residence shall disclose the existence of such a waiver to any lessee before entering any new lease for the residence. A seller of any participating property, participating residence, nonparticipating property, nonparticipating residence, or any combination of those properties and residences shall disclose the existence of the waiver before any sale or other transfer of the property. If disclosure of the waiver occurs after the buyer has made an offer to purchase the property, the seller shall disclose the existence of the waiver before accepting the buyer's offer and shall (1) allow the buyer an opportunity to review the disclosure and (2) inform the buyer that the buyer has the right to amend the buyer's offer. As used in this Section, "commercial solar energy facility", "commercial wind energy facility", "nonparticipating property", "nonparticipating residence", "participating property", and "participating residence" have the meanings given in subsection (a) of Section 5-12020 of the Counties Code.

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:

(1) 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

(2) 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. 104-458, eff. 6-1-26.)