ILLINOIS

POLLUTION CONTROL BOARD

December 23, 1983

PEOPLE OF THE STATE

OF

ILLINOIS

PCB

83—191

WILL COUNTY WATER CO.

(Certification No,

21RA~ILL—WPC—78—28

Revocation of

Tax Certification~

OPINION AND

ORDER OF THE BOARD (by 3. 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~

~~r~se

s of assessm~ntsmadeafterJa~~1,

1983,

~

Un control facilities”

shall not include

,

however,

~y~y~tem,method,con

s truct ion, dev

ice or appiianc e

~pur

tenant

thereto, desioned, constructed,

inst ailed or

pp~~ed

fo he~

rju~gseof(i)el

im in

~

conta

~

nant

s

or ener~g~ or (ii) treat

inq

stewater

rouced

~fle

nuclear a~perat ion o~j4ectric

ower;

b) ~

~

to remove

and dis~p~rse heat fromwater involved in

the_nuclear

~ationofe1e

c

tric~ower;orcap~i~ent,

construction

,

deviceoraj~pliance~p~~nant_thereto,

~e4

erson other_thanaunit of ~ye minen

t,

whether within or outside of

the

territorial boundaries

of a unit of

~

treatment,

The Pollution Control Board shall revoke any~~rior

cert i f

ication in conflict wi th this amendator

act of

1983 be f o

~

---

2

Pursuant to this statutory directive, the Board reviewed

Pollution Contol Facility Certifications and Applications for

Certification which were referred to the Board by the Illinois

Environmental Protection 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

BEARING

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 short

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

IT IS SO ORDERED.

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

Control Board, hereby certi~pthat the above Opinion and Order

was

adopted

oq the ~3

•~~•

day of tt.~.-.1Ja_.~

,

1983 by

avoteof

Illinoischristan

L.Pollution

t~_~

Noffett,

1.

Contol.Cleft

#m4~-~r

1Board

55-328