ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF
    THE
    STATE OF ILLINOIS
    V.
    )
    PCB 83—217
    COMMONWEALTH EDISON COMPANY
    )
    (Certification No. 21RA—ILL—WPC-82—15)
    ~al
    Reoke
    Tax
    Certif
    ication.
    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 oi
    the Illinois Revenue Act of 1939
    (Iii.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “For purposes of assessments made after 3anuary
    1,
    1983,
    “pollution control facilities”
    shall not include, however,
    a)any system~method, construction, device or appliance
    appurtenant theretof designed, constructed,
    installed or
    operated for the primary purpose of
    (i) eliminating~
    containing
    !venti~
    or reducing radioactive contami—
    nants or energy,
    or
    (ii) treating wastewater produced
    by the 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
    generation of electric power;
    or c) any eguipme~~
    construction, device or appliance appurt~nantthereto,
    operated by any person other than a unit of gove~~~
    whether within or outside of the territorial boundaries
    ~fTh unit of
    local government,
    for sewage disposal or
    treatment.
    The 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
    55-173
    —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)(i)
    and/or
    (b)
    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_~~at the Pollution Control Board Office,
    Suite 3qQ,~09
    W. Wa~j~p~ton
    Street,
    Chicago,
    Il 1inois.
    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 noo~~~_~cember
    19,
    1983.
    Such
    statement of facts shall
    also he 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
    3l2/793—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 he 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
    50~_p.m.on December20,
    1983.
    Responsive legal
    briefs may be filed no later than
    12:00
    noon on December 27, ~.983.
    All 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 deadline for revocation o~affected certi-
    fications,
    no motions for reconsideration 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 may be made to the
    55-174
    —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 1~o~rd,hereby certify that the above Order was adopted
    on the_
    (o~
    day of_____________________
    ,
    1983 by a vote
    of
    ?-O
    55-175

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