ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    V.
    )
    PCB
    83—222
    COMMONWEALTH EDISON COMPANY
    (Certification No. 21RA-ILL—WPC—83—34)
    )
    Proposal
    to
    Revoke
    Tax
    Certifica,tion.
    ORDER OF THE BOARD
    (by J.D,
    Dumelle):
    Recently enacted Public
    Act (PA.)
    83-0883, which became
    of
    fective 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:
    ~or~pur~pses
    of assessments_made_after January
    1,
    1983,
    “29IlutiOn
    control facilities”
    shall
    riot include, however,
    em,
    method,_construction,
    device or appliance
    ~~tenant
    thereto,
    designed, constructed,
    installed or
    operated for t~
    rimary purpose of
    (1)
    eliminating,
    cont~~~~vent
    i~ig
    orr
    iT~?1T5~Eve
    contanti-
    nants orene~y~or (ii) treating wastewater produced
    by the nuclear generation of electric power;
    b) any
    large diameter
    pipes
    or
    ~~ing
    systems used
    to
    remove
    and di~erseheat
    from
    water
    involved in the
    nuclear
    generation of
    electric
    power; or
    C)
    any eguipmen~
    construction, device or appliance appurtenant thereto1,
    ~peratedby_any~
    on other than
    a unit of government,
    whether within or outside of the territorial boundaries
    of
    a unit
    of
    local~~ernment,for sewage disposal or
    treatment.
    The Pollution Control
    Board
    shall
    revoke any prior
    certification_in
    conflict
    with this ~~d~~act
    of
    1983
    before
    January
    1,1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-193
    —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
    falls within subparagraph
    (a)(ii)
    and/or
    (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,
    Suite
    300,309W.
    Washi~tonStreet,
    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 he served on the Attorney General
    by no later than 12:00 noon on December ~
    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 submissiori~
    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 he 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
    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 he made to the
    55-194
    —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 p~ard, hereby cert,~ifytha~the above Order was adopted
    on
    the
    (9
    ‘
    day of
    ~~~-/‘._~‘
    ,
    1983 by a vote
    -
    ~
    —,—~—_-_._______
    —-
    —
    —--______
    ,_JJ_
    1W’—’
    /
    /1
    oI~~
    Christan L. Mof~’~Clerk
    55-195

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