ILLINOIS POLLUTION CONTROL

BOARD

December 23, 1983

PEOPLE OF THE

STATE OF ILLINOIS

)

v.

)

PCB

83~198

SUNDALE SEWER CORP.

(Certification No,

21RA~ILL—WPC~76—l2

Revocation of

Tax Certification~

OPINION AND

ORDER OF THE BOARD (by 3, 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 1939 (Ill. Rev. Stat,

Ch.

120, par.

502a—2)

in the following manner:

u~p~~sof asses sments made after Janua~,

1983,

ion cont rol acilities” sh all not inc lude ho wever

a) ~y~y~em,

method, construction

,

device~~p~ance

ap~urtenantthereto,desi~~,constructed,

Inst a lied or

~~ated for the p~ma~j~u~pse of (i)el im

inati~

~

-

nant s or en ej~jy~or (ii) treat in2~tewate r~p~~ced

~thenucl ear ~enerat ion of elec Ic owe r,’b)_

an

~

used to remove

~~slerse

heat_from water involved in

the nu ci

ear

~~tipn_of

electrig~p~r;orc)apeu4~ment,

construction, device ~~liance ~2urtenant_thereto,

~

nt,

whether

within or outside of the territorial

boundaries

of a

unit of local government, for

s~

sposal or

treatment.

The

Pollu~on Control Board shall revoke

~

ior

certIfication

in conflict with this amenda~y~ct

of

1983

beforeJlLl984.”

---

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 REARING

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

ORDER

Tax

IT IS SO ORDERED.

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

Control Board, hereby ce~y that the above Opinion and Order

was adopted on the fl

day of

~

La

,

1983 by

a vote of

__________________

I

~nS4’~~,

thristan L.iIfett, Clestf

Illinois Pollution

Contol

Board

55-338