ILLINOIS POLLUTION

CONTROL BOARD

December

6,

1983

PEOPLE OF THE STATE

OF ILLINOIS

V.

)

PCB 83—193

Roseland Mobile Home

Trailer Park

(Certification No,

21RA~ILL~WPC~74~4O)

Pr~osal to Revoke

Tax

Certification.

ORDER

OF

THE

BOARD

(by

J.D.

Dumeile):

Recently

enacted

Public

Act

(P~A~)83~O883,

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

(Ill.

Rev.

Stat.

Ch.

120, par.

502a—2)

in the following manner:

“For purposes of assessments

made after January

1,

1983,

~oUution

control

facilities”

shall

not

include,

however~

a)

an

mod,construction,

device oraliance

appurtenant

thereto,

i

ne4, constructed,

installed

or

2p~~edjor

the ~p

mar

u~p~

so

of

(i)mi~~n,

containing,

preventing

or

rcduc~~radJoactiveconta~i—

nants

orene

rgy,

or(ii) treatin~~ater~oduced

by

the

nuclear

generation

of

electr

ower;__b)a~y

large diarnet~

jiinq~y~ems used to

remove

and disperse heat from water

involved in

the nuclear

~ie ration of electric power;ji~euim~nt,

construction

,

device

or

_

~nceappurtenant_the~~

~

rated b~anyper

sonotherthanaunitofj~yernment,

whether_within or

outside of the territorial

boundaries

of

a unit of

loç~~ernrne~forsewagedisp~al

or

treatment.

The Pollution Control Board

shall

revoke any prior

certification in

conflict

with

this

amendatorj~

act

of

1983_before

Janua~y~j~L

1984.~

Pursuant to this statutory

directive, the

Board has reviewed

Pollution Control Facility Certifications and Applications for

55~77

---

Certification

which

were

referred

to

the

Board

by

the

Illinois

Environmental

Protection

Agency

for

decerti

Iication

under

this

language.

On the basis

of this information,

the

Board

finds

that

the facility which is the subject of this certification

falls

within

subparagraph

(c)

of

paragraph

502a~2

of the

Illinois

Revenue

Act

of

1939,

as

amended.

(The

information

on

which

this

belief

is

based

is

attached

to

this

Order,)

OPPORTUNITY_FOR

HEARING

The

Board

will

provide

an

opoortunity

for

a

hearing

for

any

party

to

present

contrary

facts

on

thi.s

matter

on

December

20,

1983

at

9:00

a,m,__at

the

Pollution

Control

Board

Office,

Suite

300,

309

W

Wasninqton

cot

ULL~cjo,fl~nols

However,

a

hearing

will

be

scheduled

in

this

matter

on1y

if,

1)

the

Board

receives

a

request

for

hearing,

and

2)

a

short

statement

of

the

facts

to

be

presented

at

bearing

is

filed

with

the

Clerk

of

the

Board

by

no

later

than__12

: 00

noon

en

Decenber

:L9

,

1983,

Such

statement

of

facts

shall

also

be

served

on

the

Attorney

General

by

no

later

than

12

00

noon

~

R~quests

for

hearing

should

be

directed

te

Mr.

Lee

Cunningham

at

312/793—6923.

At

such.

hearing

oral

arument

will

be

limited

to

15

minutes

for

each

Party.

Accompanying

written

submissions

shall

be

limited

to

:L5

pages.

The Board will

hear

cases

in

the

order

that

it

receives

requests

for

bearing.

This

hearing

will

he

conducted

pursuant

to the contested case

nrovisions

of

the

Illinois

Administrative

P:rocedure

Act

(1:1.1

Rev,

Stat.

Ch,

127,

par~.

1010—1018.)

WRITTEN

SUBMISSIONS

It

IIJHU

Oh

HEARING

If

no

facts

are

contested~

legal

arcjuruent

on

this

proposed

revocation

may

he

submitted

in

written

thins

rather

than

at

hearing.

Legal

briefs

on

thic

matter

must

be

filed

with

the

Clerk

of

the

Board

at

Suite

300,

309

W~ Washington

Street,

Chicago,

Illinois 60606,

and served on the Attorney

General,

no

later than_5:0Q~~.on December 20,

1983.

Responsive

legal

briefs may be

filed no later than 12i00 noon on

December 27,

1983.

All briefs

shall he ~

FINAL ORDER

The Board

proposes

to adopt a Final

Order which

may revoke

this

Certification

on

or

before

December

28,

1983,

Due to the

impending

statutory

deadline

for

revocation

of

affected

certi-

fications,

no

motions

for

reconsideration

or

stay

of

the

Final

Order

in

this

matter

will

he

heard

by

the

Board,

As

prov.ided

in paragraph 502a—7

of the Illinois Revenue Act of

1939,

as

amended, appeal

of the Boardth

Final

Order

may

be

made

to the

---

Circuit Court

pursuant

to

the

Administrative Review Act

(Ill.

Rev.

Stat.

Ch.

110,

pars.

264 et seq.)

IT IS

SO

ORDERED~

I, Christan

L.

Moffett, Clerk of

the

Illinois

Pollution

Control

B9ard,

hereby

certify

that

the

above

Order

was

adopted

on the~~_day

~

~L983by a

vote

o

~_2__

Christan,

I.

Moff~b1erk

Ii2thc’is

Pollutith~ontrol