ILLINOIS POLLUTION CONTROL BOARD
February 25,
 1988
REED-CUSTER COMMUNITY UNIT
SCHOOL DISTRICT NO. 255-U,
Petitioner,
v.
 )
 PCB 87—209
COMMONWEALTH EDISON COMPANY,
and THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
ORDER OF THE BOARD
 (by J.D. Dumelle):
On December
 31,
 1987, Reed—Custer
 Community Unit School
District No.
 255—U (Reed—Custer)
 filed
 a petition to revoke
certification of pollution control facility No. 21RA—ILL—WPC—85—
15.
 On January
 7,
 the Board ordered
 the parties to concurrently
brief the issue of
 the Board’s authority to entertain this
petition.
 Both Reed—Custer and Commonwealth Edison
 (Corn Ed)
filed briefs on January
 26,
 1988 and reply briefs on February
 1,
1988.
 Based on a review of
 the filings
 to date,
 the Board hereby
orders that this matter be set for hearing.
Section 2la—6 of the Revenue Act of 1939 states
 in its
entirety as follows:
Section
 21a—6.
 Powers
 and
 duties
 of
 the
certifying
 boards.
 Before
 denying
 any
certificate,
 the
 Pollution
 Control
 Board
 shall
 give
 reasonable
 notice
 in
 writing
 to
the
 applicant
 and
 shall
 afford
 to
 the
applicant
 a
 reasonable opportunity for a fair
hearing.
 On
 like
 notice
 to
 the
 holder
 and
opportunity for hearing,
 the Board may on its
own
 initiative
 revoke
 or
 modify
 a pollution
control
 certificate
 or
 a
 low sulfur
 dioxide
emission
 coal
 fueled
 device
 certificate
whenever any of the following appears:
(A)
 The certificate was obtained by fraud or
misrepresentation;
(B)
 the holder
 of
 the certificate has failed
substantially
 to
 proceed
 with
 the
construction,
 reconstruction,
 installation,
86—395
—2—
or
 acquisition
 of
 pollution
 control
facilities
 or
 a
 low sulfur
 dioxide
 emission
coal
 fueled device;
(C)
 The pollution
 control
 facility
 to
 which
the certificate relates has ceased
 to be used
for
 the primary purpose
 of
 pollution control
and is being used
 for a different purpose.
Prompt
 written
 notice
 of
 the
 Board’s
 action
upon
 any
 application
 shall
 be
 given
 to
 the
applicant together with
 a written copy of the
Board’s findings and certificate,
 if any.
Amended
 by P.A.
 82—134.
 Section
 1,
 eff.
 Aug.
12,
 1981.
(emphasis added).
First, the Board notes that
 it has delegated
 a substantial
portion of
 its authority
 under Section
 2la—6
 of the Revenue Act
of
 1939
 to the Illinois Environmental Protection Agency
(Agency).
 The June
 10,
 1983,
 letter from the Chairman of the
Pollution Control Board specifically delegating his authority
under
 the Revenue Act of
 1939
 to the Agency states
 in pertinent
part:
“Pursuant
 to
 the
 authority
 vested
 in
 me
 by
Sections
 2la—5 and
 2la—l3
 of
 the Revenue Act
of
 1939,
 I hereby specifically
 authorize the
following
 persons
 as
 my
 delegates
 to
 make
findings,
 to
 issue
 or deny certification, and
to
 revoke
 certificates
 under
 the
circumstances
 set
 forth
 in
 Section
 2la—6(C)
or
 where
 revocation
 of
 the
 certification
 is
requested
 by
 the
 taxpayer
 for
 pollution
control
 facilities and
 for low sulfur dioxide
emission
 coal
 fueled devices
 for purposes
 of
the Revenue Act of 1939
 ...“
(emphasis added).
Reed—Custer’s petition alleges that Edison misrepresented certain
issues
 to the Agency during the application procedures
 for
certification of
 its Braidwood facility as a pollution control
facility.
 Therefore,
 revocation of
 Corn Ed’s certification would
be pursuant to Section 2la—6(A).
 As the Chairman has not
specifically delegated authority
 to revoke certifications under
Section 21a—6(A),
 the Board
 retains authority and jurisdiction
over this type
 of proceeding.
86—396
--3—
Second,
 Corn Ed asserts
 in
 its brief that the Board does not
 have authority to entertain
 a third—party petition to revoke tax
certification.
 In support
 of its assertion,
 Corn Ed argues that
only
 “on its own initiative” may the Board revoke
 a pollution
control certificate under Section 21a—6(A).
 Further,
 Corn Ed
argues “that
 the legislature did not provide for
 a third—party
action indicates that it did not see that as a proper
 action.”
The Board
 is not persuaded.
 Although Section 2la—6 states
that
 “the Board may on its own initiative revoke
...
 a pollution
control certificate,”
 the Board does not believe that that
language prohibits
 a third party from bringing issues justifying
revocation of
 a certificate
 to the attention of
 the Board.
 In
fact,
 the Board must necessarily rely on
 third party
participation
 in these types of proceedings as
 the Board has no
resources with which
 to investigate possible fraud or
misrepresentation
 in applications for pollution control
certificates.
 Moreover,
 as Section 21a—6 permits delegation of
the Board’s authority and as
 the Board has delegated that
authority,
 the Board
 no longer has active
 involvement
 in the
certification process.
 As
 a result, the Board has no opportunity
to discover fraud
 or misrepresentation.
 Finally,
 the Board
questions Corn Ed’s interpretation of
 “on its own initiative.”
The Board doubts that it would be proper
 for the Board
 to act as
both prosecutor and ultimate decision—maker
 in a quasi—
adjudicative proceeding.
For the foregoing reasons, the Board
 finds that the intent
of Section 2la—6
 permits the acceptance
 of
 a third—party petition
alleging misrepresentation.
 Furthermore,
 the Board believes that
this finding
 is not inconsistent with the language set forth
 in
Section 2la—6.
 Therefore,
 this matter
 is accepted and set for
hearing.
 Respondent’s motion
 to strike and dismiss
 is denied.
The Board believes that
 the Petition
 is sufficient
 to warrant
 a
hearing
 in this matter.
 Any remaining issues will
 be addressed
by future Board Order.
IT IS SO ORDERED.
I, Dorothy M.
 Gunn,
 Clerk of the Illinois Pollution Control
Board,
 hereby certify that ~e
 above Order was adopted on
the
_______________
 day of.Lt~.~
 ,
 1988 by a vote
of
______________
Dorothy
 £4.
 Gunn, Clerk
Illinois Pollution Control Board
86—397