ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE OF THE STATE OF ILLINOIS

)

v.

)

PCB 83—210

)

Central ILL.

Light Co.

(Certification No. 21RA—ILL-WPC—82—136)

)

Proposal

to Revoke Tax Certification.

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:

“For~rposes of assessments made after January

1,

1983L~

~~llution

control_facilities” shall

not includeLj~~v~~

a) any system, method,

construction, device or appliance

~p~irtenant_thereto, designed, constructed, installed or

,~peratedfor the primary purpose of

(i) eliminating,

containing, preventing or reducing radioactive contami—

nant~~_~~, or

(ii) treating wastewater produced

~~nuclear

generation of electric power;1~pj~

large diameter

iesor

piping systems used to remove

and dis~perseheat from water involved in the nuclear

generation of electric power;

or c) any equipment,

construction, device or appliance appurtenant thereto,

operated

by any person other than aunit of government,

whether within or outside of the territorial boundaries

of a unit of local government,

for sewag~disposalor

treatment.

The Pollution_Control Board shall revoke any prior

certificationin conflictwiththsamendato~yactof

1983 before January~1,

1984.”

Pursuant

to this statutory directive,

the Board has review~d

Pollution Control FaciJity Certifications and Applications for

55-145

---

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,)

OPPORTW’TITY 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 am

at the Pollution_Control Board Office,

Suite 300~309 W. ~

ton Stree~_Chi~o,Illinois.

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 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 nol__er_th~J~j00_noonon

ember

19,

1983.

Requests

for hearing should he 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

he 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:QQ~.m. on December 20,

1983.

Responsive

legal

briefs may be filed no later than 12:00 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 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~sFinal Order may he made to the

55446

---

—3—

Circuit Court pursuant to the Administrative Review Act

(Ill.

Rev.

Stat.

Ch.

110, pars.

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

of~

--

___~_~~Q_

—

Illinois Pollution Con rol Board