December

6,

PEOPLE OF THE STATE OF ILLINOIS

V.

)

(Cnrtification No.

ORDER OF THE BOARD

(by J.D.

Durnelle):

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

(Ill.

Rev.

Stat.

Ch.

120, par.

502a—2)

in the following manner:

For

~poses

of

assessments

made

a fter_Jan

,

1983,

~pollution

control

facilities

“

shall

not

include,

however,

ethod,

constr

uction~deviceor~pi~liance

~pj~rtenant

thereto,

designed,

const~9~d

inst a 1 led

or

operated

for

the

imary

pur~ose

of

(i)

elimi~atin~,

containinq, preventinq

or reducinq radioactive contami—

nantsor energy, or

(ii) treati~wastewater1roduced

b1the

nuclear generation of

electric_power;b)an~y

1ar~diarnete

r

p~es

or

~

tems

used

to

remove

and_di~erse

heat from water involved_in the

nuclear

~eration

of

electric_powerL~~L_any_eguipment~

coristruction,deviceor

app

1 iance

appurtenant

thereto,

2pera ted

b~an~erson

other

than aunitof~overnment,

whether within or outside of the territorial boundaries

~

~PI.

~

treatment.

ThrolBshny

prior

cert

i

fication

in

conflict

with

this_amendat~

act

of

1983

before

Januar~

1,__1984.”

Pursuant

to this statutory directive,

the Board has reviewed

55-121

---

—2—

Certil~icationwhich were referred

to the Board by the Illinois

Environmental Protection

Agency

for decertification under this

language.

On the basis of this information, 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

amended.

(The

information

on

~ih:Lch

this

belief

is

based

is

attached

to

this

Order.)

OPPORTUNITY

FOR

HEARING

The

Board

will

provide

an

opportunity

for

a

hearing

for

any

party

to

present

contrary

facts

on

this matter

on

December

20~1983at900

a.m.

at

the

Pollution

Control

Board

Office,

Suite

30O~09

W. Washin~onSeet,Chicagp~1liinois.

However,

a hearing

will

he

scheduled

in

this

matter

only

if,

1.)

the

Board

receives

a request for hearing, and

2)

a short statement of the

facts to he presented at hearing

is Filed with the Clerk of the

Board by no later than 12:OOn

ecer_19,1983.

Such

statement of f~ts shall also he served

on the Attorney General

by no later than 12:00 noon on December

19,

1983.

Requests

for

hearing

should

be

a

iii~Tr~ghar~

at

312/793—6923.

At such hearing oral argument will be limited

to 15 minutes for each party.

Accompanying written submissions

shall

be

limited to

1~5pages.

The Board will hear cases

in the

order that it receives requests for hearing.

This hearing will

he conducted pursuant

to the contested case provisions

of the

Illinois Administrative Procedure Act

(Ill.

Rev.

Stat.

Ch.

127,

par.

1010—lOiS.)

WRITTEN_SUBMISSIONS

IN

LIEU

OF

HEARING

If

no facts are contested,

legal argument on this proposed

revocation

may

he

submitted

in

written

form

rather

than

at

hearing.

Legal briefs on this matter must be filed with the

Clerk of the Board at Suite 300,

309 W. Washington Street,

Chicago,

Illinois 60606,

and served on the Attorney General,

no later_than 5:00 p.m. onDecember29~1983.

Responsive legal

briefs may be filed

no

later

than_12:00

noono

eceiber

27,

1983.

All briefs

shall

he

limited

to no more than

1-5 pages.

FINAL

ORDER

The

Board

proposes

to

adopt

a

Final

Order

which

may

revoke

this

Certification

on

or

before

December

28,

1983.

Due

to

the

impending

statutory

deadline

for

revocation

of

affected

certi-

fications,

no motions

for reconsideration or stay of the Final

Order in this matter will

he heard by the Board.

As provided

in paragraph 502a—7 of the Illinois Revenue Act of

1c339, as

amended, appeal oF the Board’s Final Order may be made to the

55-122

---

—3—

Circuit

Court

pursuant

to

the

Administrative Review Act

(Ill,

Rev.

Stat.

Ch.

110,

pars.

264

et seq.)

IT IS SO ORDERED.

I,

Christan L,

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on thej~~

day of

~

1983 by a vote

of

-2~

~

‘m~-/A4’~

Christan L. Moffett, CW)fk

Illinois Pollution Control Board

s~_