ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE OF THE STATE OP ILLINOIS

v.

)

PCB 83—211

Freeman United Coal Hiriic~yCo.

(Certification No. 21RA—ILL—WPC—83—25)

)

Pro~9~a1toRevo

keTaxCertification.

ORDER OF THE BOARD

(by J.D.

Durnelle):

Recently enacted Public Act

(P.A.)

8:3-0883, 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

(Ill.

Rev.

Stat.

Ch.

120,

par.

502a—2)

in the following manner:

“For

ossof

assessments

made

after

January

1, _1983,

~pp~lution

control

fac

ii

itie

s”

shall

not

include,

however,

a)

any~s

tern,

method,

construction,

device

or

appliance

~~urtenant

thereto,

des

i~ned,

cons

t

r ~

operated

for

the

primary~~ppse

of(i)

eliminating,

ta11n~revent1n2orreduc i~radioactive

cont

axni-

r1antsorener9y~or(~~treating

wastewater

produced

by~he

nuclear_gen~~~n_~

ctr~c~power;

b)

any

large_diameter

pipes

or

pipin~systems

used

to

remove

erse

heat

from

water

involved

in

the

nuclear

generationo~~t~ic

power;

or

C)

any

equipment,

construction,

de_vi~or

appliance appurtenant theret~

operated

_b~I

any

person

other

than

a

unit

of

government~

whether

within

or

outside

of

the

territorial

boundaries

of

a

unit

of

local

government,

for

se~e

di

or

treatment.

The Pollution Control_Board shall

revoke any prior

~

this

amendatory act of

T~83

before

January 1,1984.”

Pursuant to this statutory directive, the Board has reviewed

Pollution Control Facility Certifications and Applications for

55-149

---

—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

20,

1983

at

9:00

a.m.

at

the

Pollution

Control

Board

Office,

Suite_300,309W.

Washington

Street,

Chij~o,

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

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

rio

later_~a

~

Requests

for

hearing

should

be

djrected

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

he

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

he

limited

to

no

more

than

15

pages.

FINAL1

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

55-150

---

—3—

circuit

Court pursuant to the

Administrative

Review

Act

(Ill.

~ev.

Stat.

Ch.

110,

pars.

264

et

seq.)

IT

IS

SO

ORDERED.

I,

Chr:Lstan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

Order

was

adopted

or’

the

(~‘-~~

day

~

___

,

1983

by

a

vote

of

~

Christan

L.

Moffett,(~ler

/

Illinois

Poflution

Control

Board

55-15 1