ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    v.
    )
    PCB 83—189
    Citizens Utility Co.
    -
    Santa
    Fe
    (Certification
    No.
    21RA-ILL—WPC—74—7
    )
    )
    Proposal
    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 pu~p~~?s
    of assessments
    made
    after January
    1,
    1983,
    “pollution control
    facilities” shall
    not_include,
    however,
    a)any~s~stem,method,construction, device~~~iance
    p~~nantthereto,
    designed, constructed,
    installed or
    operated for the primary purpose
    of
    (i)
    eliminati~~
    containing, preventing or reducing
    radioact~vecontami—
    nants or energy, or
    (ii) treating wastewater produced
    by the nuclear generation of electric power;
    b) any
    1ar9e diameter pipes or piping systems used to remove
    and di!p~erseheat from water involved in the nuclear
    g~nerationof electric power;
    or
    c) any equipment,
    construction, device or appliance appurtenant theretoL
    operated by any person other than a_unit~ government,
    whether within or outside of
    the
    territorial boundaries
    of a unit of
    local
    governmen~for sewage di~posalor
    treatment.
    The
    Pollution Control Board
    shall revoke anyprior
    certification in
    conflict
    with
    this amendato~act of
    1983_before Janua~y,~j,1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-61
    —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
    Lo 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 Board Office,
    ~iite 300,
    309 W. Washington Street,
    Chic
    ilinois.
    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 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 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
    55-62
    —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
    ~
    above
    Order
    was
    adopted
    on
    the
    ~
    ___day
    of
    _____
    ._),
    1983
    by
    a
    vote
    of
    _~-ç~
    Christan L.
    Moffett,
    Illinois Pollution Co~T~’olBoard
    55-63

    Back to top