ILLENOIS POLLUTION CONTROL BOARD

December 23, 1983

PEOPLE OF THE STATE OF ILLINOIS

v.

)

PCB 83—182

CIPS—GRAND TOWER

(Certification No. 21RA—ILL-WPC—72—8

Revocation

of Tax Certification.

OPINION AND

ORDER OF THE BOARD (by J. D. Dumelle):

This matter comes before the Board upon a Proposal to Revoke

Tax Certification adopted by the Board on December 6, 1983.

Hearing was held on December 20, 1983, at which only the People

of the State of Illinois (People) presented evidence.

Recently enacted Public Act (P.A.) 83—0883, 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 (Iii. Rev. Stat. Ch. 120, par.

502a-2)

in the following manner:

“For_aurloses

of

assessments made after

January 1, 1983,

~pllution_control

facilities”_shall

not include,

however,

a) any sy~stem,

method,

construction,

device

or ap~jiance

~p~tonant

therç

L_~sJ~Aed, constructed, installed

or

operated for the jar irna ryj~pose of (i)elim i

nat i~

contain~L~reventin~orreducn~radoactve_contami—

n~L~~i9L

~

ti~±L~at

ingwastewatp~uced

~~cnuc

lea r 9ene ration

of el

ectric~~~j b) ~y

1 arge

diameter

s_~i~n~~tems used to remove

and

~4~perse_heat_from

water

inv~l~e~_inthe nuclear

~neration of electric

ower;

or c) a~y~guipment,

construction,

device or

app

iance appurtenant thereto,

~peratedbyany_person

other

than

a unit

of

9overnme nt,

whether_within or outside of the territorial_boundaries

of a unit of local

~overnment,

forsewage disposal or

treatment.

The Pollution

Control Board shall revoke

any prior

certification

in

con lict

with_this amendatory act of

~

~

~

55-323

---

2

Pursuant L.o this statutory directive,

the Board reviewed

Pollution Contol Facility Certifications and Applications for

Certification which were referred to the Board by the Illinois

F~nvironmentaiProtection Agency for decertification under this

language. On the basis of this information and the information

presented at hearing, 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.

OPPORTUNITY FOR HEARING

The Board provided an opportunity for a hearing to present

contrary facts on this matter on December 20, 1983 at 9:00 a.m.

at the Pollution Control Board Offices. Such hearings were

scheduled if the Board received a request for hearing and a shore

statement of the facts to be presented at hearing no later than

12:00 noon

on December 19, 1983. No such hearing was requested

in this matter, and the only evidence presented was on behalf of

the People and was in support of the revocation. 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—72—8 issued to

CIPS-GRAND TG,~ER is

hereby revoked,

IT IS SO ORDERED.

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

Control Board, hereby certify that the a~oveOpinion and Order

was adopted on the I

3~(

day of

~

1983 by

a vote of

_______

___.

~

1.

~T~jET,.~:

Christan L. Moffett, Cle~i’

Illinois Pollution Conto1~Board

55-324