ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    v.
    )
    PCB 83—182
    CIPS-Grand Tower
    (Certification No. 21RA—ILL—WPC—72—8)
    )
    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 Januar~~
    ~pollution control facilities”
    shall not
    include,
    however,
    a)
    any system,
    method, constructioi~~deviceor appliance
    appurtenant thereto, designed, constructed, installed or
    ~perated
    for the primarypur~seof
    (i) eliminati~
    containing,
    preventing or reducing radioactive containi—
    nants or energy?
    or
    (ii) treating wastewater produced
    by the nuclear generation of electric power; ~
    large diameter pipes or piping sj~emsused
    to remove
    and
    disperse heat from water involved in the nuclear
    generation of electric power
    or c) ~j~y equipment,
    construction, device or
    appliance
    appurtenant_thereto,
    2perated by any person
    other
    thanaunit of government,
    whether within or outside of the territorial boundaries
    of a
    unit
    of
    1ocal
    goveri~n~er~t~__for
    sewage
    dispo
    sal or
    treatment.
    The Pollution Control Board
    shall revoke any prior
    certification in conflict with this amend~~yact of
    1983 before January 1,
    1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    —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.)
    OPPORTUtUTY 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
    ffice
    Suite 300,
    309 W, Washington Street,
    Chicago,
    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_~9.~
    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
    forT~6~T~irected
    to Mr.
    Lee CunnThgham
    at
    312/79:3.-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 onDecemb~~L.j9!.~.
    ~ll briefs shall
    he
    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
    he
    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
    55-34
    —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 ofj~~,
    1983 by a vote
    of
    7—ID
    _______
    Christan
    L.
    Mof~), Cierk
    Illinois
    Pollution
    Control
    Board
    55-35

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