ILLINOIS POLLUTION CONTROL BOARD
    December 6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    )
    V.
    )
    PCB 83—186
    Kelly—Springfield Tire Co.
    (Certification No.
    21RA-ILL--WPC-72—14
    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 purposes of assessments made after January 1,
    1983,
    “pollution control facilities”
    shall not include, however,
    a) any system, method,
    construction, device or appliance
    appurtenant thereto,
    designed, constructed, installed or
    operated for the primary purpose of
    (i) eliminating,
    containing,
    preventing or reducin~adioactivecontaini-
    nants or energy, or
    (ii) treating wastewater produced
    by the nuclear generation of electric power;
    b) any
    large diameter pipes or piping systems used to remove
    and disperse heat from water involved in the nuclear
    generation of electric power; or~~~~uipment,
    construction, device or appliance appurtenant thereto,
    2perated by any person other than a unit of government,
    whether within or outside of the territorial boundaries
    of a unit of local government,
    for sewage d4~posalor
    treatment.
    The Pollution Control Board shall revoke any prior
    certification in conflict with this amenda~~~y
    act of
    1983 before January
    1,
    1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-49
    —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 he
    scheduled in this matter onTy
    IT7Trthe
    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,
    1983.
    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
    55-50
    —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
    Bop.rd, hereby certify that the above Order was adopted
    on the
    ~c’~
    day ~
    ____
    ,
    1983 by a vote
    of
    7-i)
    Illinois Pollution
    trol Board
    55-51

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