ILLINOIS POLLUTION
CONTROL BOARD
December 23,
1983
PEOPLE OF THE STATE OF
ILLINOIS
v.
)
PCB 83—196
ZIEGLER
COAL
CO.
(Certification No,
2IRA—ILIWPC—77—34
Revocation
of
Tax Certification.
OPINION
AND
ORDER
OF THE BOARD
(by
J.
B.
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
1q39
(Ill.
Rev,
Stat.
Ch.
120,
par.
502a—2)
in the following manner:
Fo~u~osesofassessmentsrnadeafte r
Janu~y
1,
1983,
~
ution control
fact1:Lties’~ shall
not
include,
however,
aa~y~stem,
method,
constr~io~Ldcvice or
~pj~ance
~p~urtenant
thereto, desiqned~
constructed,
installed or
2p~rated
for the
p~1m~
mirose
of
(1)
ci
immat
ing,
containin~,oreventingor_red~~
radioactive
contami-
nants
or
ener~,
or
(ii)
treatin~wastewater
produced
~iTff~
ear
~
larqe
diameter
es
oinq systems used to
remove
~
~erationofe
1
cc
t
ric~~er; or
c)
anve~u~~t,
construction,dey~railianc~ourtenant_thereto,
atedbyany~~son other thana unit of~~ernment,
whether
within
or
outside
of
~.he
territorial_boundaries
of
aunil
of
~
treatment.
certi
fication
inconf
lict
with this_amendat2~yact
of
1983 before
January
1,
1984.”
55-333
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 decert.ification 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
2:00
a.rn.
at
the
Pollution
Control
Board
Offices,
Such
hearings
were
scheduled
if
the
Board
received
a
request
Eor
hearing
and
a
short
statement
of
the
facts
to
he
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
::f
the
revocation,
The
subject
certification
will,
therefore,
he
revoked.
This
Opinion and
Order
constitutes
the
Board~s
findings
of
fact
and
conclusions
of
law
in
this
matter.
ORDER
Tax Certification No,
21RA-~lLL—~PC-~77--34
issued to
ZIEGLER COAL CO.
is
hereby
revoked.
IT
IS SO ORDERED.
I,
Christan
t~,
Hoffett,
Clerk
of
the
Illinois Pollution
Control
Board,
hereby
certify
that
the
above
Opinion
and
Order
was
adopted
on
the
~~day
of
~
,
1983
by
a
vote
of
____
__________
:
~
~
Christan
L.
Hoffett,
-rk
Illinois
Pollution
Contol
Board
55-334