ILLINOIS POLLUTION CONTROL ~3OARD
    December
    6,
    1983
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    )
    v.
    )
    PCB
    83—213
    CENTRAL
    ILLINOIS
    LIGHT
    COMPANY
    )
    (Certification No. 21RA—ILL—WPC—78—34)
    )
    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 pu~~f
    assessments made after January
    1, 1983,
    6TThTEion contTbl facilities”
    shall not inclu~e,however,
    a)
    any ~y~tem, method, construction, device or appliance
    ~pp~rtenant thereto, de~,~ned,constructed, installed or
    2perated
    for thepLimary purpose of
    (i)
    eliminating,
    ~
    or reducing radthactive cüuta~i—
    nantsorene rgy,or
    (i j)
    treating_~~ew~~prod
    uced
    bythe_nuclear
    ~eneration of electric power;
    b) any
    large diameter pipes or piping systems used to remove
    and
    di~p~se
    heat from water involved
    in the nuclear
    ~erationof
    electric power;
    or
    c)
    any equipment,
    construction, device or appliance appurtenant theretoL
    ~p~rated byany person other than a unit of government,
    whether ~Tthin or outside of theterritorial boundaries
    of
    a unit of local_~~ernme~for sewag~edisposal or
    treatment.
    The Pollution Control Board shall revoke any prior
    certification_in
    conflict
    with this amendatory act of
    1983_before
    Janu~
    1,_1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-157
    —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 subject of this certification
    falls within subparagraph (a)(ii) and/or
    (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 Board Office,
    Suite
    3O~O7
    309 W.
    Washinaton
    Street, Chica~o~fl~nois.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
    ifacts
    to
    be
    presented
    at
    hearing
    is
    filed
    with
    the
    Clerk
    of
    the
    Board
    by
    no
    later
    than_12:00
    noon
    on
    December19,
    1983.
    Such
    statement
    of
    facts
    shall
    also be served on the Attorney General
    by
    no
    later
    than
    12:00
    noononDecemberj~J~83.
    Requests
    for
    hearing
    should
    he
    directed
    to
    Mr.
    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 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
    It
    no
    facts
    are
    contested,
    legal argument
    oil this pioposed
    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_5:0Q2.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 Trmte~V~Tho mo~Than
    13
    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 he
    made
    to the
    55-158
    —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
    of
    ____
    Christan
    L.
    Md’ff~j1t,
    ~lerk
    SQ

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