ILLINOIS POLLUTION CONTROL

BOARD

December 23,

1983

PEOPLE

OF

THE

STATE

OF ILLINOIS

v.

)

PCB

83—212

FREEMAN

UNITED

COAL

MINING CO.

(Certification

No~

21RA—ILL~WPC~83~27

Revocation

of

Tax Certification.

OPINION

AND

ORDER

OF THE BOAPD

(by J.

D,

Durnelle):

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

(Iii.

Rev,

Stat.

Gb.

120,

par.

502a—2)

in

the

following manner:

ur oses

o1

a sessments made

after

ann

ar

11983,

~p~l~ion_control

faciIities’~shalinotinclude,

however,

~)~~sj~tem,method,construction,devic

~~pj~iançe

~nafItthereto,des~neç~constructecL1n

stall

edor

o~rated_for

the~rimatj~j~yp~ç~eof(i)eliminatin~,

contanRreventin~orreduci~raoac

t

ivecontami-

nuclear c~Cration of electric ,j?ower;

b)

~

remove

and

d~erse heat

from water involvedinthenuc

lear

at

ion of dec tric~power;

or c)

a

eq~e nt

cons t

ruction, device or appliance appurtenant thereto

operated

~

whether_within_or outside of the territorial

boundaries

of

a

unit

of

local

gpyernment,

fore

d~o

sal

or

treatments

The

Pollution

Cont rol

Board

shall

revoke

a~p~ior

certif

ication

in

conflict

with

this

amendatory~act

of

1983

before

Janua~

1,

1984,”

55~349

---

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

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,

3983

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

coustitutes

the

Board~s

findings

of

fact

and

conclusions

of

law in

this

matter.

ORDER

Tax

Certification

No,

2iRA~ILL~’WPC”G3”27

issued

to

FREEMAN

UNITED

COAL

MINING

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

~~~-i~L_

day

of

_______________,

1983

by

a

vote

of

~

(‘~

V1V~

V

Christan

L.

Moffett,

Cl~k

Illinois

Pollution

Contol