ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE O~THE STATE OF ILLINOIS
    v.
    )
    PCI3 83—208
    Derby Meadows Utility Co.
    (Certification No. 21RA—ILL—WPC—80—20)
    )
    ~
    i
    fication~
    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.
    ~02a—2) in the following manner:
    r~u~sesof_assessments_ma
    ~_~iu~ry
    1,
    1983,
    “~oUutioncontrd
    facilities”
    sha11notinclude,howeve~
    a)~~~~~m,_metho~
    construction,
    device
    or app 1iance
    appurtenant
    thereto,
    designed, constructed, installed or
    ~
    (i) eliminatin~
    containin~p~eventin~
    or reduci~~dioact
    ivecontaini-
    nantsor
    ener~jy~o~(ii)
    treating wastewater produced
    ~ythe
    nuclear ge
    neration
    of
    elec
    ower;
    b) any
    ~
    used to remove
    and disperse heat from water involved in the nuclear
    generation of electric power; or
    c) any egu~e~~
    construction, device or appjiance appurtenant thereto,
    operated~a~p~~n other than a unit_of~avernment,
    whether within or outside_of the_territorial boundaries
    ___
    t
    o
    ~
    treatment.
    ~
    1
    revoke
    any
    prior
    certification in conflict with
    this
    amer
    act
    of
    1983 before
    Janu~
    1,
    1984.”
    Pursuant to this statutory directive, the Board has
    reviewed
    Pollution Control Facility Certifications and Applications for
    55-137
    —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
    sub~ect
    of
    this
    certification
    falls
    within
    subparagraph
    (c)
    of paragraph 502a—2
    of
    the
    Illinois Revenue
    Act
    ot
    1939,
    as amended.
    (The information
    on
    which
    this
    belief
    is
    based
    is
    attached
    to
    this
    Order.)
    OPPOETUNITY
    FOR
    HEAPIN(;
    The
    Board
    will
    provide
    an
    opportunib,’
    for
    a
    hearing
    for
    any
    party
    to
    present
    contrary
    facts
    on
    this
    matter
    on
    December
    ~
    Suite
    300,
    309
    W.
    Wash
    n~jton
    Street,
    Chic aqp,
    I
    Ilinois.
    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 he 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
    ~or
    hearing
    should
    h?
    directed
    to
    Mr.
    Lee Cunningham at
    312/793—6923.
    At such
    hearing
    oral argument will
    be limited
    -co
    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
    he conducted pursuant to
    the
    contested
    case
    provisions
    of
    the
    Illinois Administrative Procedure
    Act
    (Ill.
    Rev.
    Stat,
    Ch.
    127,
    par.
    10l0—1018J
    WRITTEN
    SUBMISSIONS
    IN
    LIEU
    OF
    EEARING
    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
    he
    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: 0O~~~on
    December
    20,
    1983.
    Responsive legal
    briefs may be filed
    no
    later
    than
    t2:0O
    rican
    on December
    ~
    1983.
    ~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
    deadl
    inc
    for
    revocation
    of
    affected certi-
    fications,
    no motions
    for
    recons~deration
    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
    nay
    he
    made
    to
    the
    55~i38
    —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
    A~day ~
    1983 by a vote
    Illinois Pollution Control
    Board
    55-439

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