ILLINOIS POLLUTION CONTROL BOARD

December

23,

1q83

PEOPLE OF THE STATE OF

ILLINOIS

v.

)

PCB 83—199

WASHINGTON ESTATES

(Certification

No.

2lRA—ILL—WPC~76—13

Revocation of Ta~ Certification.

OPINION AND ORDER OF

THE

BOARD

(by J. 0.

Dumeile):

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)

uresented. evidence.

Recently enacted

Public Act (P,A,)

83—0883, which became

effective on September 9, 1983,

amends

the definition of

“Pollution Control Faciiity~ as contained

in

Section 21a—2 of the

Illinois Revenue Act of 1939

(111.

Rev, Stat. Ch. 120, par.

502a—2) in the following

manner:

~jur~oses

of assessments made after January 1, 1983,

“2ollutionco nt r ol f aciiities~ shall not inc

1 ude, however,

~y~stem,_method,

construction,

device or appliance

~p~urtenant

thereto,

desiqned,

constructed,

inst a 1

led or

9p~rated for the pr ima~ypu rpose of

(1) eliminatin~,

contain~,vent~orreducinq

radioactive contami-

nntsore~~,or

(ii) trea tin~wastewa

ter produced

by the

nuclear_g~ne

ra~jo~

_~c~ricpq~L~

)a~y

~~~_diameter

iesor24.p4.n~svstems

used

to_remove

~_~_~:_~_pe

~

~~at

ion of

elec

tic

oower; or c) ~y

e.ui_ment

construction,

device or a~Q)iance~purtenant_thereto,

operated ~ya~y

orson other thanaunit

of

government,

whether within or outside

of the

territorial_boundaries

of

a

unit

of local

qovernment, for

~

di spo sal or

treatment.

The Pollution Control Boa rdsh a llrevok~~~or

certification in

conflict with this amendat~yact of

198

3beforeJanua~y~j,1984~

55-337

---

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 fails within subparagraph

(C)

of paragraph

502a—2

of the Illinois

Revenue

Act of 1939, as

anended

OPPORTUNITY FOR HEARING

The Board provided an

opportunity

for a hearing to present

contrary facts on this matter on December 20, 1983 at :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 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 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--76~~13

issued to

WASHINGTON ESTATES is hereby

revoked,

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk

of

the Illinois Pollution

Control Board, hereby certif,y

that the

above Opinion and Order

was adopted on the

~

day of ~

~

1983

by

a vote of

~im

,(~

____

Christan L. Moffett, Cl~4?

Illinois Pollution

Contor

Board