ILLINOIS POLLUTION CONTROL BOARD
December 6, 1989
WALTONVI
LLE COMMUNITY
UN IT
SCHOOL
DISTRICT NO. 1
AND
THE JEFFERSON COUNTY BOARD
)
OF REVIEW,
Complainants,
)
V.
)
PCI3
89—149
(Enforcement)
CONSOLIDATION COAL COMPANY
AND THE
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondents.
ORDER OF THE BOARD (by J. Anderson):
On September 19, 1989, the Board received two letters
objecting to the one hundred percent removal froi~ the real estate
rolls of the Consolidation Coal Company’s (“Consolidation Coal”)
coal preparation plant. The letters were written by the
Waltonville Community Unit School District No. 1 (“Waltonville”)
and the Jefferson County Board of Review (“Jefferson County”)
On September 28, 1989, the Board directed Waltonville and
Jefferson County to specify if the September 19, 19E9 letters were
petitions to revoke certification of the coal preparation plant as
a pollution control facility pursuant to Ill. Rev. Stat., ch. 120,
Section 502(a) et seq. Section 502a—6 grants to the Board the
power to revoke or modify, on its own initiative, the certification
of a pollution control facility. This power can be exercised
whenever fraud or misrepresentation was used to obtain the
certification, whenever the certificate holder has not
substantially proceeded with construction, reconstruction,
instalation, or acquisition of the facility, or whenever the
certified facility has ceased to be used primarily for pollution
control.
Waltonville’s brief, filed on November 9, l~89,does not state
whether or not the letters of September 19, 1989, are to be viewed
as petitions to revoke certification. Even if the Board construes
the letters as a petitiDn to revoke or modify certification,
Waltonville’s brief does not allege any fraud or misrepresentation,
any delay in proceeding with construction, installation or
acquisition, or any change in pri~ary use of the facility. The
Board finds that it cannot exercise its power to revoke or modify
if misconduct of the type specified in Section 502a-6 is not
present.
106-40
Therefore, the Board dismisses this proceeding for lack of
jurisdiction pursuant to Ill. Rev. Stat., ch. 120, Section 502a-
6.
The Board notes that it has delegated to the Illinois
Environmental Protection Agency (Agency) the authority to make
findings concerning certifications, and to issue, deny, or revoke
a certification. Without in any manner commenting on the merits
of this petition, the Board suggests that the Complainants may wish
to inquire about this matter with the Director of the Agency.
Section 41 of the Environmental Protection Act, Ill. Rev. Sta.
1987 ch. 111 1/2, par. 1041, provides for appeal of final Orders
of the Board within 35 days. The Rules of the Supreme Court of
Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Contr:1
Board, hereby certify that the above Order was adopted on the ~
day of
______________________
,
1989, by a vote of
C)
~
,/~/-),
~
I
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
1
fl
5—SO