ILLINOIS POLLUTION CONTROL BOARD
    December 6, 1983
    PEOPLE OF THE STATE OF ILLINOIS
    )
    v.
    )
    PCB 83—185
    Morton Chemical Co.
    (Certification No. 21RA—ILL—WPC—74--1&2)
    )
    Proposal to Revoke Tax
    Certification.
    ORDER OF THE BOARD (by J.D, Dumelle):
    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. Ch. 120, par.
    502a—2) in the following manner:
    L~rose~~f assessments made after January 1, 1983,
    “poHution
    control facilities” shall not include, however,
    a) any system, method, construction, device or appliance
    ~p~rtenant thereto, designed, constructed, installed or
    operated for the primary purpose of (1) eliminating,
    ~
    reducing radioactive contami-
    nants Or_energy, or (ii) treatij~wastewater produced
    by the nuclear generation of electric power;
    b)an~y
    large diameter pipes or piping systems used to remove
    and disperse heat from water involved in the nuclear
    generation of electric power; or c) any equipment,
    construction, device or applian~~appi~tenantthereto,
    operated by any person other than a unit~~yernmen~,
    whether within or outside of the territorial boundaries
    of a unit of local government, for sewag~disposal or
    treatment.
    The Pollution Control Board shall revoke any prior
    certification in conflict with this amendatory act of
    1983 before January 1, 1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55~45
    —2—
    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
    fails 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 Offic~
    Suite 300, 309 W. Washington Street, Chicago, 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 19, 1983. Such
    statement of facts shall also be served on the Attorney General
    by no later than 12:00 noon on December 19, 1983. 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
    be 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, legal 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 be 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 he 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
    55-46
    —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 Bo~rd,hereby certify that the above Order was adopted
    on the_ i~___day of
    &Qc~-~L’i-~
    _~,
    1983 by a vote
    o
    f_~~~7~__________
    ~
    Illinois Pollution Control Board
    55-47

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