ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    V.
    )
    PCB 83—206
    Prestwick Utilities Co.
    (Certification No. 21RA—ILL-WPC-80—18)
    Pr~posa1
    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
    (Iii.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “For pu~ses of assessments made after January 1,
    1983,
    ‘~~~tion
    control
    facilities” shall
    not include, however,
    a) any~j~stem,method, construction, device or appliance
    ~ppurtenant thereto,
    designed, constructed, installed or
    operated for the primary purpose of
    (i) eliminating,
    ~
    contami-
    nants or energy,
    or
    (ii)
    treating
    wastewater
    produced
    ~ythe
    nuclear generation of electric power;
    b) any
    la~ diameter pipes or piping systems used to remove
    an~j~se
    heat from water involved in the nuclear
    ~
    construction,
    device or appliance appurtenant theret~
    ~~ated
    by any person other than a unit of governmen~
    whether within or outside of the territorial boundaries
    of a
    unit
    of
    local
    ~overnmen~.L_~p~r
    ~wage_~isposa1
    or
    treatment.
    The Pollution Control Board shall revoke any prior
    certification in
    conflict
    with
    this
    amendatory act of
    183beJanua~y~19
    84.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-129
    —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,
    309 W. Washington Street,
    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 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 he 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 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
    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 27,
    19E3.
    All 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 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 be made to the
    ~_1
    ~fl
    —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
    ofL
    ________-,
    1983 by a vote
    of
    -
    -_______________
    Christan
    L.
    Moffet
    ,
    Cle~U
    Illinois
    Pollution
    Control
    Board
    -131

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