ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE
    OF THE STATE OF ILLINOIS
    PCB 83—215
    COMMONWEALTH EDISON CONIPANY
    (Certification No. 2IRA-ILL—WPC—81—12)
    ____
    to Revoke 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—2
    of
    the
    Illinois Revenue
    Act
    of 1939
    (Ill.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “Fourposes
    of
    assessments
    made
    after
    ~fanuary
    1,
    1983,
    ~~lution_control
    facilities”
    shall
    not
    include, however,
    a)
    ~y_~y~t
    em,
    method,
    construe
    t
    io~~~r
    appi
    i
    ance
    ~pj~rtenant_thereto,
    designed,
    constructed,
    installed or
    2p~rated_for
    the_primary_purpo~
    of
    (i)elirnina~~
    containing,_preventin~or
    reducing
    radioactive
    contami-
    nants
    or
    energy,_or(ii)_treatina_wastew~jro~uced
    ~ythe
    nuclear
    generation
    of
    electric~~er;
    h)a~
    lar~
    diameter_pip~
    r
    1~p4~_systemsusEd
    to
    remove
    and
    di~p~~çheat
    from
    water
    involved
    in
    the
    nuclear
    generation
    of
    electric
    power;
    orç)
    any
    ~uipment,
    construction1
    device
    or
    appliance
    appurtenant
    thereto,
    ~p~~ed
    by
    any
    person
    other
    than
    a
    unit
    of
    government,
    whether
    within
    or
    outside
    of
    the
    territorial
    boundaries
    of
    a
    unit
    of
    local
    government,
    for sewaq~disposal
    or
    treatment.
    The
    Pollution
    Control
    Board
    shall
    revoke
    any
    prior
    certification
    in
    conflict
    with
    this
    amendato~y~actof
    1983
    before
    Janua~j,
    1984.”
    Pursuant
    to
    this
    statutory
    directive,
    the
    Board
    has
    reviewed
    Pollution Control Facility Certifications and Applications
    for
    55-165
    Certification which were referred
    to the Board by the Illinois
    T~nvironmentaiProtection 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)(i) and/or
    (b)
    of paragraph 502a—2
    of the Illinois
    Revenue Act ot
    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~~~
    W. Washinaton Street,
    Chicago,
    Illinois.
    However,
    a hearing will be scheduled in this matter only if,
    1) the Board
    ceceives 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 Decemberl
    1983.
    Requests
    for hearing should be directed
    to Mr. Lee Cunningham at
    312/793—6923.
    At such hearing oral argument will he limited
    to
    15 minutes for each party.
    Accompanying written submissions
    shall he 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 ~
    ~11 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
    55-166
    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 Poilut1O~
    Control Board, hereby ce~ifythat the above Order was adopted
    on
    the~~
    day
    ~
    ,
    1983 by a vote
    of~
    ____
    ____—.
    Christan
    L. Mofd~t~,J
    Clerk
    55-167

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