December 23,

1983

PEOPLE

OF’

TUE

STATE

OF

ILLINOIS

)

v.

)

PCB

83-204

MORTON

CHEMICAL

)

(Certification

No. 2lRA—ILL—WPC—78~28

Revocation of Tax Certificatior:~

OPINION

AND

ORDER

OF

THE

BOARD

(by J.

D.

Dumelle):

This matter

comes

before

the

Board

upon

a

Proposal

to Revoke

Tax Certification

adopted by the Board

on December

6,

1963.

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 contai~ned in Section 21a—2

of the

Illinois Revenue

Act of

19:39

(Iii.

Rev. Stat~Ch.

120,

par.

502a—2)

in the following manner:

“FOr

~~2OSP.S

of assessments

made

after

Januar~’_1, 1983,

“EOllutlon_control

facilities

shall

not

include

,however,

as~stem,method~~struction,

device

~piiance

aRp.~urtenant

there to,

des ~ed,

constructed,

installed_or

operated

for the

rn~~pose

of

(i)

eliminatinq,

~

ive

con tami

-

nants or ener(jj~or

(ii)

treatiri~jwastewaterproduced

~

power

~

lar~diameteror_p~ing_~tems

used to remove

and di~~se

heat_from

water

involved_in

the_nuclear

g~rat

ion

of

ci cc tr

ic~er;

or

c)

a~~ent,

construct

i

on,d

eviceor~2~liance~urtenant thereto,

~p~rated

by

~ronotherthanaunitp~vernment,

whether

within

or

outside

of

the

territorial boundaries

of

a

unit

of

local

government,

for

sewage

disposal

or

treatment.

The Pollution Control_Board_shalrevoke~j~ior

certification in_conflict with this ame~4~o~act of

ef~u

~i~r~____

55-343

---

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_F’OR 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 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 I3oard~s

findings

of

fact and conclusions

of law in this matter.

ORDER

Tax Certification No.

21RA-~ILL—WPC~78—28issued to

MORTON CHEMICAL 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

j~day

of

~

1983

by

a vote of

~

..-

__

I

~

Christan L,

Moffett, Clt

Illinois

Pollution

Canto

Board

55-344