ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    v.
    )
    PCB 83—184
    CILCO—Bartonvil le
    (Certification No.
    W6816—1)
    Proposal toR
    oke
    ç~ti~c~tion.
    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~purposesof assessments made after January
    1,
    1983,
    ~pollution control facilities” shall not include, however,
    a)~p1system, method, construction, device or appliance
    appurtenant thereto, designed, constructed, installed or
    operated for the primary purpose of
    (i)
    eliminating,
    contai._thi~i~~in,preventin~orreducing radioactive contami-
    nants or ener~y~
    or
    (ii) treating wastewate~~oduced
    by the nuclear generation of electric power;
    b) any
    l~e diameter pipes
    or piping systems used to remove
    and disperse heat from water involved in the nuclear
    ~neration
    of electric power;
    or
    C)
    any equipment,
    construction, device or appliance appurtenant thereto,
    operated by~nyperson other than a unit
    of
    q~vernm~~
    whether within or outside of the territorial boundaries
    of
    a unit of local government,
    for sew~ disposal or
    treatment.
    The
    Pollution
    Control Board
    shall revoke any prior
    certification in conflict with this amendatory~ctof
    1983 before January 1,
    1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-41
    —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
    l3oard 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 be 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.
    7~ccompanyingwritten 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
    55-42
    —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 Bqard, hereby certify that the. above Order was adopted
    on the~1~
    day of~J~~
    ___,
    1983 by
    a vote
    of~7~_
    _
    Illinois Pollution Control Board
    55-43

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