ILLIF~OISPOLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF TUE STATE OF tLLINOIS
    )
    v.
    )
    PCJ3 83—207
    )
    Prestwick
    Utilities
    Co.
    —
    ~iU
    County
    )
    (Certification No.
    21RA—ILL—WPC—80—19)
    Prop~
    ~e~qk~_T~
    Cerc
    ORDER OF THE HOARD
    (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.
    Ch.
    120, par.
    502a—2) in the following manner:
    “For
    purposes of assessments made aft~~~_1f
    1983,
    ~1lution
    control ~
    a) any ~ysternL~ethod,_construction,_device or_appliance
    ap~urtenantthereto, designed, constructed.Lin.stalled or
    ~erated
    for the primary purpose of (i)eliminating,
    containing,_preventing_or_reducin~~adioactivecontami-
    nants or ener~yLor
    (ii)
    treating
    wastewate~roduced
    by~thenuclear generation of electric power;
    b) anl
    large diamete~ipes or piping systems used to remove
    and disperse heat from water involved in the nuclear
    ~eneration of electric power; orc) any e~uipmentL
    constructi~~device or appliance appurtenant thereto,
    ~
    other than
    a
    unit
    of jovernment,
    whether within or outside of the territorial boundaries
    of a unit of
    local
    governmen~for sewage di
    osal or
    treatment.
    The
    Pollution
    Control Board shall revoke any prior
    certification
    in
    co~ ~wi~_~i~
    ndat~y~açtof
    1983
    before_Januaj~y~,
    1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55~.133
    —2—
    Certif~ication
    which
    were
    referred
    to
    the
    Board
    by
    the
    Illinois
    Environmental Protection Agency for decertification under this
    language.
    On the basis of t~iisinformation,
    the Board
    finds
    that
    the
    facility
    which
    is t~iesublect 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.)
    OPPORTUIUTY FOR HEARING
    The Board will provide an opportunity for a hearing for
    any party
    to present contrary facts on ~his matter on December
    20,1983 at_9:00 a.m.
    at the Pollution Control Board Office,
    Suite 300,__309
    W.
    Wash
    ing~ton Street,
    ç~icaqo~Ill
    inois.
    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 he presented at hearing
    is filed with the Clerk of the
    Board by
    ~teth
    noon
    on
    Dec embe
    r1~1983.
    Such
    statement of
    Eacts
    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
    ~1r.
    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
    reqi.iests for hearing.
    This hearing will
    he conducted pursuant to
    the
    contested
    case
    provisions
    of
    the
    Illinois Administrative Procedure Act
    (Ill.
    Pev.
    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 ~t
    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 Geheral,
    no
    later
    than
    5:Q
    on
    December_20,1983.
    Responsive
    legal
    briefs
    may
    be
    filed
    ~
    ~
    ~ll
    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—
    Eications,
    no motions for reconsideration or stay of the Final
    Order
    in
    this
    matter
    will he 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
    5~1~14
    —3—
    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 certify that the above Order was adopted
    on the
    ~day
    ~
    1983
    by
    a
    vote
    o
    f-~
    *
    p
    Christan
    L, Moffett,
    ~1~’
    Illinois
    Pollution Control Board

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