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