ILLINOIS POLLUTION CONTROL BOARD

December 28,

1983

PEOPLE OF

THE STATE OF ILLINOIS

V.

)

PCB

83—210

CENTRAL

ILLINOIS LIGHT COMPANY

)

E.

D.

EDWARDS STATION

)

(Certification No. 21RA~ILL—WPC~82~l36)

and

PEOPLE OF THE STATE OF ILLINOIS

PCB

83—213

CENTRAL ILLINOIS LIGHT COMPANY

DUCK CREEK STATION

(Certification No.

21 RA~ILL~WPC~78—34)

Revocation of Tax Certification.

JOHN

VAN VRANKEN AND BARBARA A. CHASNOFF,

ASSISTANT

ATTORNEYS

GENERAL, APPEARED ON BEHALF OF PETITIONERS: AND

WILLIAM

H. SHAY AND WILLIAM

L.

KASLEY APPEARED ON BEHALF

OF

RESPONDENTS

OPINION

AND ORDER OF THE BOARD

(By J.

Theodore Meyer):

These matters come before the Board upon Proposal

to Revoke

Tax

Certification adopted by the Board on December

6,

1983.

On

its own motion, the Board consolidates these two

revocations

since stipulations and agreements entered by the parties

were

identical except for the certification numbers,

Tax

Certifica-

tion No. 21RA—ILL—WPC—82~136, issued Agust

21,

1981,

covers the

wastewater facility at

E.

D,

Edwards Station.

Tax

Certification

No,

21RA~ILL~WPC-78~34,

issued March 13,

1978,

covers

the package

wastewater treatment facility at the Duck Creek

Station.

Recently enacted Public Act

(P.A,) 83~~~O883,

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:

55-387

---

“For

au~oses

of

assessments

made

afteJa~yj~1983,

~pollution

control

fac ilities~

shall

notinc

1

ude,however,

a)

an~sy~em,rnetho~constn’~ction,

device

o~p~i

iance

~p~enantthereto,desi~ed,constructed,

ins

tailed

or

~eratedforthe~y~pu~oseof

(i )elim

inati~~

containin~,

~reventin~or

reduc in~ radioactive_contami-

nants_or

en

,or(ii)~eatiil9~

wastewater~oduced

by the

nuclear

tiofe

Iectr~owerb)~

~

p~p~ng~1~~jised

to

remove

and

di~p~rse heat

from

water

involved

in

the

nuclear

~enorationofelectricj~ow~r,

or

c)

~

~

thereto,

~atedbyany~personother

than

aunit~~yernm

whether within or outside of the territorial

boundaries

ofaunitofIocal~~e

n~ert

for sewaq~di~~,~lor

trcitr

ent

Y9!IYL22~

cc

r

T

-

~tç~yjictof

Pur~,nart

t

i

-

at tor

xc ti e, the Board

reviewed

Pollution

Cortcl

~ac~

x~ C~r~t

i

ro

and Applications

for

Certilicatior

~

ic:

nerc

refert

~i

to

the

Board

by

the

Illinois

Environmental

Erotection Agercy lox decertification

under this

language

On the basis ci

t1

i to~rrationthe

Board

believed

that

the

fa

1

~

ies

v hicn

ire

t

c

~ ~ct

of

these

certi

Eications

fell

witun

s

rpanigrapx

(c

arag

i~h 5)2a—2

of

the

Illinois

Revenue

A

I

I.

~

a

r ~

On

Lecemx~: 13,

at8

eItC

i i~

a

request

for

hearing

and

as

required, a

Statement

o’-

Facts in both matters.

Therein

CILCO

ackno~

~dqed

that

the

e3u~pment certified

was still

in use.

CILCO

rue~t~’

tiat

~

C~itiL~ct~

~on~

cc

revoked

solely

because

of the

direc

ive

con~ciioei in

tic

r

itory

revision

cited

above,

and

not

due

t

ro

ono1~ii~ewi~

iplicable

rules

and

regulations.

As

stated

above,

at the hearir

ov ~ed by

the Board and

held on

December

20

the pxrt~es Ii ci

a

it sti~ulation

containing

language

31

ilar

~r

tia

Co

~-a

i~

t

e

r3q lest

for

hearing.

Further

a~, ~‘tioila~d

that

~

~

no~ a

governmental

entity

a

d

tnnt

tic

~aciIatics

‘i

ii

~ioa

are

used

for sewage

treatment

or

i’po~’alpirpo~e

lx

I

(R

26-~29),

The ~3~cd

1

~r

at

~

inst

.~e treatv~ent

facilities

as

described

boLI~ ‘ax Ccrtat

i

i~sued (Pet,

Ex.

1),

Fall

within Paragraph

~02 a

c

o~

i

Pcvenae

Act,

Both

Tax

Certifications are her3b~ erohel

This Opinion

and Order constitutes

the

Board~s findings of

fact and conclusions of

law in these

consolidated matters.

55-388

---

ORDER

Tax

Certification Nos.

21RA—ILL--WPC-~82at36and

21RA-~ILL—WPC~’78~34

issued

to Central Illinois Light

Company

are

hereby

revoked.

IT

IS SO

ORDERED.

I,

Christen

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

~anL.~ofe~~

~

Illinois Pollution

Contol

Board

55-389