::

LLINOIS POLLU TI

ON

CONTROL

BOARD

December

6,

1983

PEOPLE

OF

THE STATE OF ILLINOIS

POE 83~194

Oakbrook

Estates

Mobile

Seine Park

(Certification

No,

2:LRA~iLL~wPc~75~4)

Pr~29~1to_RevokeTax Certification

ORDER

OF

THE

13O1~RD (by J D.

Durriel to

Recently

enacted

Public Act

~P~A.. 83~O883,

which

became

effective

on

September

9,

1983,

amends the deFinition of

“Pollution

Control

Faciiity~’as contained

in Section

21a—2 of

the

Illinois Revenue

Act

of

1939

(III,

Rev,

Stat,

Oh.

120,

pare

502a—2)

in

the

following manner:

“Fo~~s~o

f

eent.sm~afterJanury1~

1983,

~

aci~uti’~

‘~

shut

n~

innIud~,however,

method

onetruction

device or a~liance

~ur

tenant thereto ,desi.qned,constructed~insta11edor

2~rated

for~

~

~pt

1

J~p~ose

u~

(1)

dIn_na~~

con~n,ore~n~9oIruuqrddo&ctIJe(ont

ami

nants

or

e

~r’,

or

(ii)

treatinc wastewater~j~od

uced

~

of

electric

cower;

~

la~pdiame

te

r

~

remove

~L4i~~rse

heat fromwa

te

r invo

1wed

in the nuclear

~

leetri~J~ower;

Ct

c)

any

0c

ci

rnent

construction,

device~~~p~liance

appurtenant

thereto,

ed~~erson

other_~maunit2~o~ernment,

whether

within or

outside

of

the

territorial

boundaries

of

a

unit of

local

qovernment,

fc~rsew~i~d~osal

or

treatment,

The PcI

1 ution

Control

Board

shaH

revoke_ar~r~r

certi

ficat±on

Lrcn~t1Rtw~h

t-hLs

dmendatç~act of

1983_before_Januar~J,

1984,

Pursuant to

this

statutory

directive,

the

Board

has reviewed

Pollution Control Faci:tity

Certifications

and

Applications

for

55~81

---

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

1:0

this

Order,)

OPPORTUNITY

FOR BEARING

The

Board

will

provide

an

opportunity

for

a

hearing

for

any

party

to

present

contrary facts on this matter

on December

20,

19~_~~:00

acm. at

the

Pollution

Control

Board

Office,

Suite

300,

309

W.

Wash~g~on 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

wit:h

the

Clerk

of

the

Board

by

no

later

than_12:00

noon

on

December

19,

1983.

Such

statement

of

facts

shall

also

he

server

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

he

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.

Oh.

127,

par.

1010—1018.)

WRITTEN

SUBMISSIONS

IN

LIEU

OF

SEARING

If

no

facts

are

contested,

legal

argument

on

this

proposed

revocation

may

be

submitted

in

wr itten

form

rather

than

at

hearing.

Legal

briefs

on

this

matter

must

he

filed

with

the

Clerk

of

the Board

at

Suite

300,

309

N.

Washington

Street,

Chicago,

Illinois

60606,

and

served

on

the

Attorney

General,

no

later

than

in.

on

Decembe

83.

Responsive

legal

briefs

may

be filed no

later

than_t2:00

noon_on

December 27~

1983.

All

briefs

shall

he

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 deadl:Lne for

revocation

of affected

certi-

fications,

no

motions

for

reconsideration

or

stay

of

the ?ina.

Order in this

matter will

be

heard

by

the

Board.

As

provided

in

paragraph

502a—7

of

the

Illino:Ls

Revenue

Act

of

1939, as

amended, appeal

of

the

Board~s

Final

Order may

he

55-82

---

—3—

Circuit Court

pursuant

to

the

Admin.istrative

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

Bpa~d,hereby certify that

the above Order was

adopted

on the

j~

day ~

1983 by

a vote

of

Board

55-83