ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    V.
    )
    PCB 83—209
    Willowbrook Utility Co.
    (Certification No. 21RA-ILL—WPC-82—127)
    )
    Proposal
    to Revoke Tax
    Certification.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    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 Act of 1939
    (Ill.
    Rev.
    Stat.
    Ch.
    120,
    par.
    502a-2)
    in the following manner:
    “For u~~sesof assessments made after January
    1,
    1983,
    ~oUution
    ContiOi
    facilities”
    shall not include, however,
    a)anj~~tem,method!
    construction, device or appliance
    ~ppurtenant
    theretg
    ~
    constructed, installed or
    operated
    for
    the_primary
    purpose of
    (i)
    elirninatin~g~
    containing1
    preventing or reducing
    radioactive
    contami—
    nantor_energy,
    or
    (ii) treating
    wastewater
    produced
    by_the
    nuclear~~~on of electric power;
    b) any
    ~
    diameter pipes or piping systems used
    to remove
    and d~erse heat from water involved in the nuclear
    ~neration
    of electric power;
    or c) any eguipment,
    construction,_device
    or appliance appurtenant thereto,
    2perated~~nyperson other than
    a unit of government,
    whether within or outside of the territorial boundaries
    of
    a
    uni
    tof1ocal~overnment,
    for
    ~
    di
    sposa
    br
    treatment.
    The
    Pollution
    Control_Board
    shall_revoke
    any prior
    certification
    in
    conflict
    with this amendato~~ctof
    198
    3beforeJanul,1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and applications for
    55-141
    —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,
    Su
    i te3O
    0,
    39W.W~~~n~onStree
    t,
    C~~~,Ilii~nois.
    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 be served on the Attorney General
    by no later_tha
    ,Onoon
    on
    De
    ember 19~1983
    .
    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 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
    (Iii.
    Rev.
    Stat.
    Ch. U7,
    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
    ater
    than 50O~rn, on
    December
    20,
    1983.
    Responsive legal
    briefs may be
    filed
    no later than 12
    00 noon on December 27,
    1983.
    All briefs
    shall he I~i?~Tto no morTthanT~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 he made to the
    55- 142
    —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
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ~~~day
    ~
    1983
    by
    a
    vote
    of
    Christan
    L.
    Mof
    ett,
    Cl
    Illinois
    Pollution
    Cont
    ol
    Board

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