ILLINOIS

POLLUTION

CONTROL

December

6,

1983

PEOPLE OF THE STATE

OF

ILLINOIS

)

V.

)

PCB 83~201

Citizens Utility Co.

)

J3olinghrook!W.

Suburban

#1

)

(Certification

No. 21RA~ILL~WPC~79’~O8)

Pr~ppsaltoReyoke Tax Certification

ORDER OF THE BOARD

(by J,D.

Dumelle):

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’~’2of

the Illinois Revenue Act of 1939

(Ill.

Rev,

Stat.

Ch,

120, par.

5O2a-~2)in the following manner:

~~~juroses

of assessments

made

after ~

~~lution

control

facilities”

shall not

include~j~ever

a)~

vstern

,

dcoct

ion, device or ~ppi~nce

app~irte~rtenantthereto, desi9ned,

cons

tructed~J~pstaUedor

2pe~

contain

eventinorrp~ucinradioactivec2ntami~’

or

ncr

or

ii) t~n

wa

ewater

roduced

~

~

used to remove

and

iserse heat from water involved in the nuclear

~ne ration

of elec~~j

ower;

or

c)

an

eq)4p~p

e

nt,

construction, dcvi~

~

whether within

or outside

of the

territorial

boundaries

of a unit

of local

government,

for

sewagedi~l~

treatment.

The Pollution Control

Board

shall

revoke

a~p~4~2!

certification_in conflict with this amenda~p~y~act

of

1983 before

Ja~

Pursuant

to this statutory

directive,

the

Board has reviewed

Pollution Control

Facility Certifications and

Applications for

5~1fl9

---

Certification

which 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

falls within subparagraph

(c)

of

paragraph 502a—2 of the

Illinois Revenue Act of

1939,

as

amended.

(The

information

on which 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,

1983 at 9:00 a.m. at the Pollution

Control

Board Office,

~

hicago

,Illinois.

However,

a hearing will

be scheduled in this matter only

if,

1) the Board

receives a request for hearing, and 2)

a short statement of the

facts to be presented at hearing is filed with the Clerk of the

Board by no later than 12:00 noon on December

‘9L’983’

Such

statement of facts shall

also be served

on the

Attorney General

by no later than 12:00 noon on December 19~j983.

Requests

for hearing should be directed to Mr. Lee Cunningham 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

15 pages.

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~’~1018.)

WRITTEN SUBMISSIONS

IN LIEU

OF HEARING

If

no facts are contested,

leqal argument on this proposed

revocation may be 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.

on December 20,

1983.

Responsive

legal

briefs may be filed no later than 12:00

noon on

December

27,

1983.

All briefs shall he limited to no more than 15 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 be

heard

by the Board.

As provided

in paragraph

502a-’7 of the Illinois Revenue Act of 1939, as

amended,

appeal

of the Board~s

Final Order may be made to the

55-110

---

‘-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 ~oard, hereby certify that the above Order was adopted

on the

t~p~

day of~2~~~_—___

,

1983 by

a vote

of

_____

Christan

L. Moffet~

erk

Illinois Pollution

rol Board