PEOPLE

OP

lEE

r

DERBY

MEAL

(Cortific

Revocatio3

Tax

Ccr

Derby

~

the

revc

December

Ii1inoj~

P

to

Derby

~e

effecti

“Poll

ti

thc

ii

5O2a~2

i

~For

--

“

)

~

~t.

I?IL J~l

con

a~

3

na

Jar

e

an

3

~

co~sEn

~i~i

£

of

(3

(33

trcaLr~i

T~c

)ç~

certitn

c

t

1983

Jir(3a

de~

however,

a~p1i~e

od

~istal1ed

or

~ve

contami~

~

~roduced

---~-L-

to

remove

‘

nuclear

p

et,

~

•t

thereto,

~vernment,

t

oundaries

.1

-

o~_

~

1.

~a~3a~y

act

of

o

~di

to

Revoke

1983,

icf

opposing

~

on

c

ite

of

~

e

f_led

a

response

oh

became

or

of

U

la—2

of

1

2

,

par.

---

Pursuant U’

dii,

statutorj

Pollution Conto. Fac~fltyCex

i.

Certificatior bhtcr

verE.. r3t~.

Environmental Protect’on

gency

language.

:rc..ti

t.,

die Board reviewed

Applications for

P-nd by the Illinois

..or d:z.ertification under this

The threshold qucetinr

beore.

thc. Fond is whether it shoud

adjudicate Derby Mtado s

coct’t

ti.

al clam.

The Board

considered that questto

‘i

Lss~

ev.

~a.ta Fe Park Enterprises,

PCB 76—84, Septenocr 2 4983

‘ha

aae Involved the

constitutcnasity &

!

-.

r

-

.~

a..tson 25 of the

Environmental trotector A.~,

~

tt..at.

ch 111½, ¶1025.

The

Board

noted

...h

i.

it

iae

ger

c

-

I

~,

bccoiia

matter

of

hornbook

law

that

‘we

do

rot

commit

to

id

1.

..°

awve

agencies

that

power

to determint. coiitit toraat

i

etton

citing Davis,

Administrative

Lat

t’eti0c.

S

•

r

£

although

there

is

no authority

-

£

IlJ’r

to

ri

r

r

3

j sition that the

Board eittei

ack’ or

P

1

tever,

the

Board

held that

it

ô

‘ptrCLtad)d t~ t

c.

4t

r

that the Bnrc

lo

nccL.

considc.r constitutional

ia-

in

!p~r22riate cadet

~

addressed by the

Bra..d

r

efficient adjt(s’atio

Cf t

before

t **

Given

t~e

underpirr.njo o. ‘se 1Y

Ac

.~-..

‘e

~O

genera~ ad mis

ri

in.

inapplicable to

t~..s uqu

establtshsd in the Envir r

(s’xp op

di..

-

-

j’tasL

s acg

erts

-4

0

p

C~

mdt,

tcnld be

P

.ir erosts of

re

controversy

~onol

p

Pr

tcct :on

a

tority’

rule

u

.y role

a

~

a

ppropriate case for

t

t

.oialmty of this

“d

y the Board in

-

tutional

challenge

a

.

tr.ism of the

~

e-e.

They

do

not

e

arena

of

taxation

law

~3~f

t

provision

of

The

boa~d

told

a

r

.

~

t

tearing to present

contrary facts on thic

r tttc.

0

•L

1983 at 9:00 a.m.

at the Pollution Control Board U

03.

Such hearings were

scheduled if the Board received a

equest for hearing and a

short statenent

ot

the facts

tc be resented at hearing

no later than 12:00 toon on Dec’.mber l~,1983.

No such hearing

b

a

The

3oar(

do s

i:

ft

I

‘ti.

adjudicaton

y

th

3a

4d

-

t

c

legisla te cn

t et

•

SantaFesu~

r

.

3

U

to

an

enac-refl.

te

.

-

Environnc~tal

P

c

t

persuade

thc. ô

ri

hat

i.

s

to consadr

‘e

r’

•

.-,t~

~

the Revenue

Act.

55

384

---

—3—

was

requested

in this matter, and the only evidence presented

was on behalf of the People and was in support of the revocation.

Since Derby Meadows’ brief raised only constitutional issues

which the Board has declined to decide, the Board finds that

the facility which is the subject of this certification falls

within subparagraph

Cc) of paragraph 502a—2 of the Illinois Revenue

Act of 1939, as amended.

The subject certification will, therefore,

be

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—80—20 issued to Derby

Meadows Utility Co. is hereby revoked.

IT IS SO ORDERED.

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

Control Board, hereby certify that the above Opinion and Order

was adopted on the

.._~

-‘a—

day of

~

,

1983

byavoteof

~7..fl

j’1

~

J

tPZ~.//

~

thiristan

L.

Moffett,

Cle/1f

Illinois Pollution Contol Board

55-385