ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE
    OF THE STATE
    OF ILLINOIS
    v.
    )
    PCB
    83—220
    COMMONWEALTH EDISON
    COMPANY
    (Certification No, 21RA—ILL—WPC—82—31)
    ORDER OF THE BOARD
    (by J.D.
    Dumeile):
    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
    Pact of 1939
    (Ill.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “For purposes
    of assessments
    made after January
    1,
    1983,
    ~p~l
    lution
    c&~?~6rT~i
    1ities” shafl~tTnc1u~e,howe~r,
    a)
    any
    ~ystern,
    method,
    construction,
    device or appliance
    aD~urtenanttherçd~ed,ç~~tructed, installed or
    ~
    of
    (1)
    eliminating,,
    containing,~prevent~,~
    or
    reducing radioactive contami-
    nants_or ener9y,
    or
    (ii) treating wastewater produced
    ~~nuclear
    generation of electric power;
    b) any
    large diameter pipes or pi~g, ~
    used
    to remove
    and
    disperse heat from water involved in the nuclear
    aeneration
    of
    electric
    power;
    or
    c) any equipment,
    construction, device
    o~~pjianceappurtenant thereto,
    ~p~atedby
    any person other than a unit
    of governmen~
    ~h~?1ië~r
    within or outsrde of the territorial boundaries
    ~L~_~_ia~al_government,
    for sewage disposal or
    treatment.
    The Pollution Control_Board shall
    revoke any prior
    certification in conflict
    with_this_amendato,~y,
    act of
    1983 before Janua~1,
    1984.”
    Pursuant
    to this statutory directive,
    the Board has reviewed
    Pollut:ion Control Facility Certtfications and ~pplications
    for
    55-185
    —2—
    Certification
    which
    were referred
    to
    the Board by the Hlinois
    Environmental Protection Agency for decertification und~rthis
    language.
    On the basis of this information, the Board
    rinds
    that the facility which
    is the subject of this certification
    falls
    within
    subparagraph
    (a)(ii)
    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
    ~
    w4
    1
    1
    —~—r~ri
    R~
    ,
    r~Tr~rvr~11ni
    t-cr
    fr~r
    ~
    h~r’i
    nn
    For
    any
    i~y~
    r
    tL
    rfas
    matter
    on
    December
    20,
    1983
    at
    9:00a.m.
    at
    the
    Pollution
    Control
    Board
    Office,
    Suite
    3001
    309
    W.
    c~TashingtonStreet~
    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 he presented
    at heating
    is
    filed with
    the
    Cler1c of the
    Board by no
    later
    than 12:00 noon on
    December19,_1983,
    Such
    statement of
    facts shall
    also
    be served on the Attorney General
    by no later
    than
    12:00
    noon
    on
    December
    19L~J~98’
    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 subnissions
    shall
    be limited to 15 pages.
    The Board will hear cases
    in the
    order that it receives requests for
    hearing.
    This hearing wiil
    he conducted pursuant to the contested case provisions of the
    Illinois Administrative Procedure Act
    (Ill. Rev,
    Stat.
    ‘~h. 127,
    par.
    101O~’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
    .m. on December 20,1983.
    Responsive
    legal
    T~Th
    may
    ~
    e
    no
    ater
    t
    an
    :
    0 noon
    on Decemb~2~,,~983.
    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 he heard by the Board.
    As provided
    in paragraph 502a—7 of the Illinois Revenue Act of 1939,
    as
    amended, appeal of
    the Board~sFinal Order may be made to the
    55-186
    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 Poll’j.tjon
    Control Bo~rd,hereby certify that the above Order was adopteL
    on the
    to~__,,_dayof
    ~
    1983 by ~ vote
    of
    “7-’C~
    ____
    Christan
    L. Mof~t~ Clerk
    55-187

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