ILLINOIS
    POLLUTION CONTROL BOARD
    December
    6, 183
    PEOPLE
    OF THE
    STATE
    OF ILLINOIS
    )
    V.
    )
    PCB
    83—216
    COMMONWEALTH EDISON COMPANY
    )
    (Certification No. 21RA—ILL—WPC—81—28)
    Proposal
    to
    Revoke
    Tax Certification.
    ORDER OF THE BOARD
    (by S.D.
    Duinelle):
    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:
    “Fo~purposesof_assessmentsmade after January
    1L
    1983,
    ~o1lution
    control facilities”
    shall not include, however,
    ~
    method, construction
    ~evice or appliance
    ~p~urtenant thereto, designed~constructed, installed or
    operated
    for
    thep~rirn~y~
    purpose of
    (i) eliminating,
    containin~, preventing or reducing radioactive contami-
    nants or energy,
    or(ii)
    treating wastewater produced
    ~
    nuclear generation of electric power;
    b) any
    large diameter pipes or piping systems used to remove
    and disperse heat from water involved
    in the nuclear
    ~~o~of
    electric power;
    or c) any equipment,
    construction,
    device
    or appliance appurtenant theretq~
    9ratedj~~anyperson other than a unit of government,
    whether
    within
    or outside of the territorial boundaries
    of
    a unit of
    local government,
    for sewage disposal or
    treatment.
    Pollution
    Control
    Board
    shall
    revoke any prior
    certification_in
    conflict
    with
    this
    amendatory act of
    1983
    before January_1,1984.”
    Pursuant to this statutory directive, the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-169
    —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)
    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
    300,
    309W.
    Washington Street, Chicago,
    Illinois.
    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 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 no later than 12:00_noon on December 19,
    1983.
    Requests
    for hearing should be 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 he 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
    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 riled 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 5:00 p.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’s Final Order may be made to the
    55-170
    —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 ~4o~rd,hereby certify that the above Order was adopted
    on the
    ~
    day of__~~~,g
    Jj~-.~~__~______,
    1983 by
    a vote
    of
    17—c
    -
    Christan L. Moffe~~,~1erk
    55-171

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