ILLINOIS POLLUTION CONTROL BOARD
    Decembe.r
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    V.
    )
    PCB 83—192
    Owens—Illinois
    (CertiCication No.
    21RA—ILL—WPC--78-19)
    Pro~saltoRevokeTaxCertificati
    on.
    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
    (Iii.
    Rev.
    Stat,
    Ci.
    120, par.
    502a-2)
    in the following manner:
    “For purposes of assessments made
    after
    Jan~~j,
    1983,
    ~p2~llution_control
    facUities”
    shall
    not
    includ
    owev~r
    a)~y system,
    method,
    constructions,
    device or appliance
    appurtenant
    thereto,~~i
    ned,
    constructed,
    installed
    or
    ~~ted
    for
    the primary purpose
    of
    (i) eliminati~
    containing, preventi~
    reduc
    radioactive c~ontarni—
    nants
    or energy,
    or
    (ii)
    treating
    wastewater~roduced
    by the nuclear generation
    of
    electricjaower;
    b)
    any
    large diameter pipes
    ~
    systems
    used
    to remove
    ~~p~se_heat
    from water involved in the
    ear
    ~encrationo
    f
    electric
    power
    orc)~j~p~pent,
    construction, device or applian~~ppurtenant
    the~~
    ~pera ted
    ~~an~erson_other
    thanaun
    it
    of
    government,
    whether
    within
    or outside of the territorial
    boundaries
    of a unit
    of
    local
    government,
    for
    sew~edispo~a1
    or
    treatment.
    The
    Pollution
    Control
    Board shall_revoke
    ~
    certification
    in_conflict
    with
    this arnendato~
    act
    of
    1983 before January
    1,
    1984.
    Pursuant
    to this statutory directive,
    the
    Board has reviewed
    Pollution Control
    Facility Certifications and Applications for
    55-.73
    —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 1’~3~,
    as
    amended.
    (The
    information
    on which this belief
    is based
    is attached
    to this Order,)
    OPPORTUNITY FOR
    F-TEARING
    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.
    Washington Street,
    Chic~,IUinois.
    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
    he served on the
    Attorney General
    by no later than
    12:00
    noon
    on
    December 19~
    1983,
    Requests
    for
    hearing
    sh~üTdThe ffrrect~t6~f~T~e
    ~unnfngham
    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
    he
    limited
    to
    no
    mote
    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
    55-74
    Circuit
    Court
    pursuant
    to
    the
    Administrative
    Review
    Act
    (Ill.
    Rev.
    Stat.
    Ch~ ilG~ pars.
    264
    et
    seqj
    IT
    IS SO ORDERED.
    I,
    Christan
    L. Moffett, Clerk of the Illinois
    Pollution
    Control
    ~o~ird,~
    hereby
    certify
    that
    the
    above
    Order was
    adopted
    on
    the
    h’~
    day ~
    1983
    by
    a
    vote
    o
    Christan
    L. Moffet~t~i/glerk
    p)
    lution
    ~tritcol
    Board

    Back to top