ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE

 Of’ THE STATE OF ILLINOIS

v.

)

 PCB 83—212

Freeman United Coal Mining Co.

(Certification No. 21RA—ILL—WPC—83—27)

~~alto~okeTcert

i f

icat

 ion.

ORDER OF THE BOARD

 (by J.D.

 Dumelle):

Recently enacted P’.iblic Act (P~A.) 83—0883, which became

effective on September

9,

 1983,

 amends the dcfinition

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:

“For

pu~poses

 of_assessments

made_after_Janua~

1,

 1983,

~pollution

 control

facilities”

 shall not include, however,

any~stem,method,construction,

 deviceor~Liance

appurtenant thereto, des~~~_constructed,installed or

~pe

rated

 for the~

 u~~eof (i)

 eliminatirig,

contain~,p~ventingor reducing radioactive contami-

nants or energy, or

 (il) trea~~wastewater_produced

by

the

 nuclear_generation of

electric

Jaower

 h) ani

larji~diameter

 pipes or piping systems used

to

remove

arid disperse heat from water involved in the nuclear

generat~_of

electric_~2~

or

 any~au~ment,

construction,

 device or appliance appurtenant thereto,

~rated~~p~

 rson other than

 a unit of ~ove rnment,

whether within or outside of the territorial

 boundaries

ofaunitoflocaljpvernment,

 for_sewa

 )osal

or

treatment.

The

Pollution

 Control Board

 shall revoke any

nor

certification in

conflict

 with this_amen

 ractof

1983 before~

 1984.”

Pursuant

 this statutory directive,

 the Board has reviewed

Pollution Control Facility Certifications and Applications for

55-153

—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

(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

~Q,

1983 at_~:00a.m.

 at the Pollution Control Board Office,

suite~9~309W. Washin~onStreet,

C

 Illinois.

 However,

a hearing will he 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,i.~3.

 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 he 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 torm 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

 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

55-154

—3—

Circuit Court pursuant

 to the Mministrative 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 Board,

 hereby certify that the above Order was adopted

on the

 ~~day

~

 1983 by a

vote

of

____

Christan

L.

 Moffet

 C erk

Illinois Pollution Control Board

55.155