December

6,

PEOPLE OF THE STATE OF tLLINOIS

v,

)

PCB 83—188

Citizens Utility Co.

—

Bolirigbrook

C)RDER OF THE BOARD

(by J.D.

Dumelle):

Recently enacted Public Act

(P.A.)

83—0883, which became

effect~ive

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:

0Fo~~p~seso

if assessments_made after

Januarj~1,

1983,

‘~p~l

ution control facilities”

shall

not include, however,

a)

y_~ystem,method,_construction,device

or app1iance

a~p~tenant

the

reto, des~ned,constructed, installed

or

~

~

containing,_QreventinjL

or

reduc i

fly

raactivcontami-

nants

or ener~, or(ii)_treatiny_wastewate

r produced

b~the

nuclear

generation

of

electric

power,b)~p~

large

diameter

ipes

or_p4p~n~9~_systems_used

to remove

and disperse heat from

water involved

in_the_n

lea

~nerationof_electric_pow~_~~j

any egu~p~t~

construction,

device or ap~liance_~ppurtenantthereto,

2peratedby

any person

other than

a unit o~_~overnment,

whether within or outside of

the territorial boundaries

of a unit

of_local_government,

for sewagediso

treatment.

The Pollution_Control Board

shall revoke any prior

cert

ification

in

conflict

with

this amendatory

act of

1983

before_January

1,

1984.”

Pursuant

to this statutory directive,

the Board has reviewed

55~57

---

—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

1983 at 9:00 a.m. at the Pollution Control Board Office,

~üite 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 he

served on the Attorney General

by no later than 12:00 noon on December_~_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 he heard by the Board.

As provided

in paragraph 502a—7 of the Illinois Revenue Act o~1939,

as

amended, appeal

of the Board’s

Final Order may be made to the

55-58

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—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 ce~tifyth~tthe above Order

‘.ias adopted

on

the_jö~__

day

of_~~

~—__~,

1983 by a

vote

of

•7-o

Christan

L. Moffet~t,~qlerk

Illinois PollutLori b~troi Board

55-59