ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE OF

THE STATE OF ILLINOIS

)

V.

)

PCB

83~187

Citizens

Utility Co.

Bolingbrook

#1

(Certification No, 21RA~ILL—WPC~79-~O4)

~p~~al

to Reyoke Tax_Certification.

ORDER

OF THE BOARD

(by J.D.

Dumelle):

Recently

enacted Public Act

(P.A.)

83~O883,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:

~2~Ju~Q2.~s

of

assessments made after Ja~~

1,

1983,

~~ution

control

facilities’s

shall not include~~~er,

a) an~~em, method, construction, deviç~liance

~urtenant

thereto, desined, constructed, installed or

~ited_for

the prima~ uroseof

Ci)

eliminating,

containing~~norr~uradioactive

contami~-

nantsorenery~g~(ii) treating wastewater produced

by the nuclear generation of electric pow~j~~n

~~diameter

pip

piing

systems used to remove

and

disperse heat from water involved in the nuclear

generation of electric power;

or c)anvequipment~uiment

construction, device or applian~a

urtenant thereto,

2p~ratedby a~y~rsonother than a unit of government,

whether within or outside of the territorial boundaries

of a un~

bc

overnrnent,

for sew

~~22sal

or

treatment.

The Pollution Control Board shall revoke any prior

certification in conflict with this amendato~yactof

1983 before January 1, 1984.~

Pursuant

to this statutory directive, the Board has reviewed

Pollution Control Facility Certifications and Applications

for

55~-53

---

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

302a~2

of

the

Illinois Revenue

Act

of

1939,

as

amended~

(The

information

on which this

belief

is based

is

attached

to

this

Orders)

OPPORTUNITY

FOR

HEARIN(;

The

Board

will

provide

an

opportun:Lty

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, 30~y,~

Washin ton

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

he

presented

at

hearing

is

filed

with

the

Clerk

of

the

Board

by

no

later

than

12:00

noon

on

Decenber

19,

1983.

Such

statement

of

facts

shall

also

be

served

or.

the

Attorney

General

by

no

later

than

12:00

noon

on

December

11,

1983.

Requests

~

at

312/793—6923.

At

such

hearing

oral

argument

will

be

limited

to 15 minutes

for each party.

Accompany:Lng 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

(1111,

Rev.

Stat.

Ch.

127,

par.

101O~i018.

WRITTEN

SUBMISS IONS

IN

LI EtJ

OF

HEARING

If

no

facts

are

contested,

legal

argument

on

this

proposed

revocation

may

he

submitted

in

written

form

rather

than

at

hearing.

Legal

briefs on this

matter must be

f:iied

with

the

Clerk

of the Board

at Suite 300,

309 N.

Washington

Street,

Chicago,

Illinois 60606,

and served

or: 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~7of the

Illinois Revenue Act

of

1939,

as

amended,

appeal

of

the

Board~s

Final

Order

may

be

made

to

the

55.54

---

Circuit

Court purs ant to the Adrninist a iv~Peview Act (Ill.

Rev.

Stat.

Ch.

110

pars.

264

et

seq.

I, Christan

I

Moftett,, Clerk of tie

Ilinois Pollution

Control

,Bqard, hereby certify that th

above Order was

adopted

on the~’~

day ~

1983

by

a vote

o

~

___

o

ontrol

Board