ILLINOIS POLLUTIOf~I CONTROL BOARD

December 23, 1983

PEOPLE OF

THE

STAmE OF ILLINOIS

V.

)

PCB 83—193

ROSELAND

MOBILE HOME

TRAILER

PARJ

)

(Certification

No, 2lRA—ILL--WPC—74~4O

Revocation of Tax Certification.

OPINION AND ORDER OF THE

BOARD (by J. B. Dumelle):

This matter

romes before t.:he Board upon

a Proposal to Revoke

Tax

Certification

adopted

by

the

Board on December 6, 1983.

Hearinq was held

on

December

20,

1983, at which only the People

of the State of 1 linois

(People) presented evidence.

Recently enacted Public Act (P.A.) 83-0883, which became

effective

on September 9,

1983,

amends the definition

of

“Pollution Control Faci1ity~ as contained

in Section 21a—2

o~

the

Illinois Revenue Act of 1939

(111. Rev.

Stat. Ch. 120, par.

502a—2) in the following manner:

“For pu~ses of assessments

made

after January 1, 1983,

~

1 ude

~Iiöwever,

a) a~y~em, me

the-I, construction,

dcvi

Ce or ~p~4~çe

a~urtenantthereto,des~9ned, constructed,

installed or

p~atedfor_p~rima~y

j~p~se ~~l9L

c

onta1n~,~reVentip~jorreduc1ngrad1oaCtiveContam1-

nan t

S

or ener

or

(ii)

treat in~ wastewater ~r oduced

~ucle~gerationofeiecricp~r;

b)

a~

~ediame

te~p~e ~~ipin~vstems

used

to

remove

and

di~p~rse

heat_from

water

involved

in the_nuclear

~

nt,

construction, device or

appliance_apj~tpnant

thereto,

operated by

any person other

than

a

unit

of

qovernment,

~

itor

____

____

of

a unit of locaL~e rnment,

for

sewa

j~2s~l

or

treatment.

The Pollution Control Board shall revoke_~y~r ior

certification

in

conf

i

ct

with

this

iendato~1actof

~

J~_12~

~

55-329

---

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 falJs 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 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

oni 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 Boards findings of

fact and conclusions of law in

this

matter.

ORDER

Tax Certification No. 21RA-ILL-’WPC-~74—4O issued to

ROSELAND MOBILE HOME TRAILER

PARK is

hereby revoked.

IT IS SO ORDERED.

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certif& that

the

above Opinion and Order

was adopted on the ~

-~ ~

day of

~

1983

by

a vote of

~

____________

Christan L. Moffett, Clerk ~

Illinois Pollution Contol Board