ILLINOIS POLLUTION

CONTROL BOARD

December

6,

1983

PEOPLE

OF THE STATE OF ILLINOIS

V.

)

PCB

83—199

Washington Estates

(Certification No,

21RA~ILLWPC~76~13)

Pr9ROSal_tORE~VOkO Tax Certification.

ORDER OF THE BOARD

(by J.D.

Dumeile):

Recently enacted

Public Act (P~A~)

83—0883, which became

effective on September

9,

1983, amends the

definition of

“Pollution Control

Facility’s

as

contained in Section 21a—2 of

the Illinois Revenue Act of 1939

(III.

Rev. Stat.

Ch.

120, par.

502a—2)

in the following manner:

F9~p~posesof asses

sments

made

a fterJan~yi,

1983,

~po1lution

control

facilities~ shall not include,

however,

a)

anj

rn,

method,

construction,

device or

app

1iance

~urtenant

thereto,

desiq~~,constructed,

installed

or

~eratedforthe~ma~y

Purposeof

(i)

elimj~i~,

containn9~n~~reducin9~radioactivecontami-

nantso~~r,or

(ii) treatin~wa

stew~rrpduced

~

the

nuclear

generation of electric

~power;~j~~y

1arg~

diamete r~pi~

~riinj~,vstE~1sed

to remove

an~~~~rse_heat

from water involved

in the nuclear

g~nerationof

elec~~cDower;

or

c) any equipment,

construction,_device

or~ppIiance_~pj~tenant

thereto,

~rated

ny~erson

other_thanaunitof~yernment,

whether within or outside_of

the territorial_boundaries

ofaunitof

1oc

al

~9pvernrnent,

for sewag~edi~2psa1

or

treatment

T~_Po1lution

Control_Board_shall

revoke any prior

certification

in

conf

with

this

amenda~p~y

act of

1983

before

Janua~yj~1984.

Pursuant to this statutory directive,

the Board has reviewed

Pollution Control Facility Certifications and Applications for

~*1n1

---

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 sub~ect

of

this

certification

falls

within

sub

ara

rah

(s)

of

paragraph

502a—2

of

the

Illinois

Revenue

Act

of

i939,

as

amended.

(The

information

on

which

this

belief

is

based

is

attached

to

this

Order.)

OPPORTUNITY__FOR

HEARING

The

Board

wi I.

I

provide

an opportunity

for

a

hearing

for

any

party

to

present

contrary

facts

on

this

matter

on

December

20,

1983

at

9::O0

a~m.

at

the

Pollution

Control

Board

Office,

Suite

300,

30~ W~bu~~e~

5hicago,

Illinois

However,

a

hearing

will

be

scheduled

Is

this

matter

only

if,

1)

the

Board

receives

a

request.

for

hatrinc

ant

2

a

short

statement

of

the

facts

to

be

presented

at

heartog

is

filed

with

the

Clerk

of

the

Board

by

no

1~r

da~

~tr~o:~~mhei19,

1983

Such

statement

of

facts

shal

n.m

be

ce:rved

on

the

Attorney

General

by

no

later

tis~in~2

05

~l~r1S,l9S3

Requests

for

hearing

should

hr

directed

to

Mr.

Lee

Cunningham

at

312/793—6923~

At

such

bearira:

oral

argument

will

be

limited

to

15

minutes

for

each

party.

Accompanying

written

submissions

shall

be

limited

to

15

paqes~

The

Board

will

hear

cases

In

the

order

that

it

receives

requests

for

hearing.

This

hearing

will

he

conducted

pursuant

to

the

contested

case

provisions

of

the

Illinois

Administ;rative

Procedure

Act

Lu

I

Rev

.

Stat.

Ch,

par.

1010—10L8

Wn:TTEN

sus~i

Si 10Th

it

ii:

s~

OF

tEARING

If

no

facts

are

conteste’S,

legal

argument

on this

proposed

revocation

may

he

submitted

in

written

form

rather

than

at

hearing.

Legal

briefs

on

this

matter

must

he

filed

with

the

Clerk

of

the Board

at

Suite

~300,

309

H.

Washington Street,

Chicago,

Illinois

60606,

and

served

on

the

Attorney

General,

no

later

tha~

j0Onm~

on

December_2~),1983.

Responsive

legal

briefs

may

be

f

Led

una

inns

i

0

noon

on

December

27,

1983

All

briefs

shall

be

limited

to

no

more

than

15

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

wil

I

be

heard

by

the

Board,

As

provided

in

paragraph

502a—7 of

the

Illinois

Revenue

Act

of

1939,

as

amended,

appeal

of

the

BoardLu

Final

Order may be

made

to

the

---

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

~

hereby certify that the

above

Order

was adopted

on

the

(p

day

~

1983

by

a

vote

of~PO.

stan

L.

Mo

Illinois Pol

~ntrol

Board

cc...

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