December

6,

1983

PEOPLE

OF THE

STATE

OF ILLINOIS

v.

)

PCB 83—205

Park

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:

“F~~oses

of assessments

made

after

Januar\L1,

1983,

“p~pution

control

f

acilities”

shall

not

include,

however

,

~

hod,

construction,

deviceorap2l

iance

~pp~irtenant

thereto,

designed,

constructed,

installed

or

22e rated

for

the

~m~yj~u~pose

ofj~_n~tJj~~

contain

j~re

yentina

or

re u~i~

rad

oact

ye

con

am

nants

or

enerc

or

ii) treatin~wastewaterj~roduced

and

di~erse heat

f

rorn

water

involved

in

the

nuclear

~enerationofelectric~we

r;

or

c)

________

~

thereto

~2p~ted

~

a~y~~rson_ot.herthan

mit

oL~ove

rnrnen~~

whether within or outside of the territorial boundaries

ofaunitofiocalgove

rnment,forsewag~di~posalor

treatment.

The

Pollution

Control

Board

shall

revokea~

prior

t

in

conflict

wi

th

this

amendator~ act

of

Pursuant

to this statutory directive, the Board has reviewed

Pollution Control Facility Certifications and Applications for

---

—7-—

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 Bo~4Q~f

ice

Suite 300,

309 W. Washing~tonStreet,

Chicago,

Illinois.

However,

a hearing will be scheduled .t~thismatter only

if, ifthe Boar:

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,

19f 3.

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

5F-12R

---

—3—

Circuit Court pu~~suantto 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

Bo~rd~

hereby

certify

that

the

above

Order

was

adopted

on

the

~

day

of

~

1983

by

a

vote

o

fj~j~

_________

~

~

Christan L,

Moffett, Cler

Illinois Pollution Control Board