ILLINOIS POLLUTION CONTROL BOARD

December 23, 1983

PEOPLE OL THE STATE OF ILLINOIS

v.

)

PCB 83—194

OAKBROOI ESTATES MOBILE HOME PARK

(Certification No. 21RA-ILL—WPC~75-4

Revocation_of Tax Certification.

OPINION AND ORDER OF

THE BOARD (by 3, 0,

Dumeile):

This matter comes

before the Board upon

a Proposal to Revoke

Tax Certification

adopted

by the

Board on December 6, 1983.

Hearing was held on December

20,

1083,

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 (111.

Rev,

Stat. Ch. 120, par.

502a—2) in the following manner:

“For

pur~poses of

asse

nts made after

January 1, 1983,

“pci lut

ion

control

facilities9 shall

not include,_however,

aL~~m~e~thod, c one tructi

ice or app I

iance

~j~nantthereto,de~ned,_constructed,

installed

or

9perated for the

pr im~

~p~epf(i)

ci

irninatina,

conta mi

~reventin9rreduci~~ipactive

cent

ami-

an ts or

ene

ii) treat

wa

tewa ~~prod

uced

~_the_nucle~~nerationof_electric

Rower; b) any

~

systems used to remove

and di erse heat

f torn

water involved

in the nuclear

~~r~ionofele

ct ric~er;orc

~cq~3~m~t,

construction,

dcvi cc

or~pJiance a~2purtenant_thereto,

~

~

whether

within

or

outside

of the

territorial boundaries

of a unit of

local ~ernment,

for sewag~edisposalor

treatment,

The

Pollution Control. Board shal

1 revo~~y~ior

certi fication

in_conflict with this amendato~~ctof

55-331

---

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 fails within subparagraph (c)

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

amended.

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 he presented

at

hearing no later than

12:00 noon on December 19, .1983. T’lo

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, he revoked.

This Opinion and Order

constitutes the Board’s findings of

fact and conclusions of law

in

this matter.

ORDER

Tax Certification No. 21RA—ILL—WPC—75—4 issued to

OAKBROO~ ESTATES MOBILE HOME PARK

is hereby revoked.

IT IS SO ORDERED.

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

Control Board, hereby certif,y that.

the

above Opinion and Order

was adopted on the

~

~

day of

~

~. • ,

1983

by

a vote of ~

Christan L. Moffett, Cleft~’

Illinois Pollution Contol ‘Board

55-332