ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    v.
    )
    PCB
    83—191
    Will County Water Co.
    (Certification No. 21RA—ILL-WPC—78—28
    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:
    s of as se ssments made
    after
    J~r\~l~k
    ~ollution
    control facilities”
    shall not
    include,
    however,
    a)_y~m,
    method,
    construction, device or ~ppliance
    appurtenant thereto, designed, constructed, installed or
    operated
    rtherima~y purpose of (Ue1imii~~in,
    containing, preventing or reduci~radioactive contan~i—
    nants or energy,
    or
    (ii)
    treating wastewater produced
    by the nuclear generation of electric power;
    b) any
    large diameter pipes or piping systems used to remove
    and disperse heat from water involved in the
    nuclear
    generation of electric power; or c)any equipment,
    construction, device or appliance appurtenant thereto,
    operated by any person other than a unit of government,
    whether within or outside of the territorial boundaries
    of a unit of local government,
    for sewage ~4~p~sal or
    treatment.
    The Pollution Control Board
    shall
    revoke_a~y~
    prior
    certification in confiict
    with
    this amendato~act of
    i983beforeJanua~j,1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-69
    —z
    —
    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
    Board Office,
    Suite 300,
    309 W.
    Washin ton_Street, Ch,
    lUinois.
    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
    ~ttorney 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 OFHEARI~G
    If
    no facts are contested,
    legal arqument on this
    proposed
    revocation may he 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
    brie~~~filed
    no
    later
    than
    12:00 noon
    on
    December
    27,
    1983.
    ~1I
    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
    ol
    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
    he
    made
    to
    the
    55-70
    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
    ~
    ,
    1983 by a vote
    Illinois Pollutioi
    Board
    55-71

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