ILLINOIS POLLUTION CONTROL BOARD

December 23, 1983

PEOPLE OF THE STATE OF ILLINOIS

)

v.

)

PCB 83—211

FREEMAN UNITED COAL MINING CO.

(Certification No.

21RA~ILL—WPC~83~25

)

Revocation of Tax Certification.

OPINION AND ORDER OF THE

BOARD

(by

J.

D. r)umelle):

This matter comes

before the Board

upon

a Proposal to Revoke

Tax Certiflcation adopted by

the Board on

December 6, 1983.

Hearing was held on December

20~ 1983, at

which only the People

of the State of Illinois (People) presented evidence.

Recently enacted Public Act (P.A..) 83-0883, which became

effective on September 9, 1983, amends the definition of

“Pollution Control Facility” as contained in Section 21a—2 of the

Illinois Revenue Act of

1939 (III.

Rev. Stat, Ch. 120, par.

502a—2) in the followino manner:

p~pçses_of

assessments made

after January 1, 1983,

~pol1ution

control

faci.lities’~ shalL

not include,

however,

a) a~y~y~tem,method,

construction,

device or appliance

~

installed or

atedf~rth~ima~j~o

se of (i)eliminat ing

L

containreverr~4uci~rad

i oactive c ont ami

-

~

produced

by the nuc lear ~erat

ion of electr~~p2wer;b)

any

large diamet~~

riis~ystems

used to remove

~~j~2~rse

heat from water involved in_~e nuclear

generation. of electric~j~~orc)~yeQuipmen

~

thereto,

operated h~~~son

other thanaun

f overnment,

whether within or outside of the territorial

boundaries

of a unit of ~

over nment, for ~

treatment.

The Pollut ion Control Board shall revoke a~y pr ior

certification

in conflict with this arnendatory act of

1983

before January 1, 1984.”

55-347

---

2

Pursuant to this statutory directive, the Board reviewed

Pollution Contol Facility Certifications and Applications for

Certification which were referred to the Board by the Illinois

Environmental Protection Agency for decertification under this

language. On the basis of this information and the information

presented at hearing, the Board finds that the facility

which

is

the subject of this certification falls within subparagraph (c)

of paragraph 502a—2 of the Illinois Revenue Act of 1939, as

OPPORTUNITY FOR HEARING

The Board

provided an opportunity for a hearing to present

contrary facts on this matter on December 20, 1983 at 9:00 a.m.

at the Pollution Control Board Offices. Such hearings were

scheduled if the Board received a request for hearing and a short

statement of the facts to be presented at hearing no later than

12:00 noon on December 19, 1983w No such hearing was requested

in this matter, and the only evidence presented was on behalf of

the People and was in support of the revocation. The subject

certification will, therefore, be revoked.

This Opinion and Order constitutes the Board’s findings of

fact

and

ORDER

Tax

IT IS SO ORDERED.

I, thristan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby cert~fythat the above Opinion and Order

was adopted on the r’~~

day of

~

-,

1983 by

avoteof

5-i’

•~-

Christan L. Moffett, C

Illinois Pollution

Con

o Board

55-348