ILLINOIS POLLUTION CONTROL BOARD

December 6, 1989

WALTONVI 

LLE COMMUNITY

UN IT

SCHOOL

DISTRICT NO. 1 

AND

THE JEFFERSON COUNTY BOARD

)

OF REVIEW,

Complainants,

)

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     

,/~/-),

I

Dorothy M. dunn, Clerk

Illinois Pollution Control Board

1

5—SO