ILLINOIS
POLLUTION
CONTROL
HOARD
December
23,
1983
PEOPLE
OF
THE
STATE
OF
ILLINOIS
V.
)
PCB
83—209
WILL~’1BROOK UTILITY
CO.
(Certification
No,
2tRA’ILLPC~S2~27
Revocation
of
Tax
Certification.
OPINION
AND
ORDER
0!? THE
BOARD
(by
J
0.
Dumeile):
This
matter
cor~es before
the
Board
upon a
Proposal
to
Revoke
Tax
Certification
adopt:ed
by
the
Board
on
December
6,
1983.
Hearing
was
held
cn
December
20,
1983,
at
which
only
the
People
of
the
State
of
Illinois
(Peoule)
presented
evidence.
Recently
enacted
Public
Act
(P~A.)
83—0883,
which
became
effective
on
September
9,
1983,
amends
the de:Einition
of
“Pollution
Control
Facility”
as contained
in
Section
21a—2
of
the
Illinois
Revenue
Act
of
1939
(111,
Rev,
Stat.
Ch,
120, par.
502a—2)
in
the foiiowinq manner:
of asses
sments
Tnade
at ter
Ja
,i
983,
pollution
cort ~
cI
taLLt~~’~s’
at1
not include,
however,
~
device or appliance
,~pEurtenant~eretç~~_
~ned
constructed,
installed or
ope
~
jose~ti~el
iminating
L
c2~inirp~\7entir1oorreduc1~g~ad1oact
ive contami-
~a~_2renerrv,orj~ii~treat2nqvastewater
produced
by the
~
b)
any
large
diameter
i es or~~in~~tems
used to remove
and disperse heat
from water involved
in the nuclear
~
ration
of
e 1cc
tr~
~
tnereto,
~
other
than
a
unit
of
government,
whether
within or outside
of the territorial
boundaries
of a unit ofJ2~1
vernrnent
for_sewaae disposal or
treatment,
The Pollution
Control
Board
shall
revoke
any prior
certification in conflict
with
this~!~4atora2~~f
1983_before
January
1,
1934.”
sF~45
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 HEARING
The Board provided an opportunity
for
a hearing to present
contrary facbs 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
fact and conclusions of law in this matter.
ORDER
Tax Certification No.
21RA-ILL-WPC—82--127 issued to
~ILL~~BROOI UTILITY CO.
is hereby revoked.
IT
IS SO ORDERED.
I,
Christan
L. Moffett, 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
~
___
____
I
Christan
L.
Moffett,
ClerJc’
Illinois Pollution Contol Board
55-346