ILLINOIS POLLUTION

CONTROL BOARD

December 6,

1983

PEOPLE

OF THE STATE OF ILLINOIS

v.

)

(Certification No. 21RA-ILL~WPC~77—O4)

Pr~p~sal to

Revoke

Tax

Certifi

cation~

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:

“F~pi~~p~s

of

assessments

made

af

anuar

1,

1983,

~oUuUon

control facilitiesu shall not

include,

however,

a)_an~~s

tern,_method,

cons t

ruc~

device_or~p~ance

~p~r~enant

thereto

,

~~ne4~constructe

d,

inst

a lledor

~9~ated

for ~

mar

~~ppse

of

(i)elirn

matij~

contai~4nre~rLtinor~4ucinrrad~oac

ti

vecontami~

nants or

~

~ythe

~

~

remove

and

dis~2~erse_heat_fromwater

involved in

the

fluclear

9~~ration

of

electric

p~wer;

~

construction,

device_~~pp~ance~pp~~r

tenant

thereto,

~~ed~yp~rsonothe

r

than

aun

ito~over~~

whether within

or

outside of the territorial boundaries

of a unit

of local 99vernment,

for sewag~e_disp2~salor

treatment.

The Pollution Control Board shall

revoke

~

certification in

conflict with this amendato~y~çtof

1983 before Janu~j,

1984.”

Pursuant to this statutory directive,

the Board has reviewed

Pollution Control Facility Certifications and Applications

for

55-113

---

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 PoUutionContro1Board9~~

Suite 300,_309W, Washin~2~n_Street,~

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_19,1983.

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~ring

~

to

Mr.

Lee

CunñThgham

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 he filed with the

Clerk

of the Board

at

Suite

300,

309 N. Washington Street,

Chicago, Illinois

60606,

and served on the

Attorney General,

no later than ~

.m.oriDecember

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.

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

55-~114

---

—3—

Circuit Court pursuant to

the Administrative Review Act

(Ill.

Rev, Stat.

Ch.

110,

pars.

264

et seq.)

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~

~2Q____’

Christan

L,

Moffet

,

Illinois Pollution

o

trol Board