ILLINOIS
    POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    )
    v.
    )
    PCB 83—219
    COMMONWEALTH EDISON
    COMPANY
    )
    (Certification No. 2iR~—ILL—WPC—82—17)
    )
    Proposal to
    Revoke
    Tax
    Certification.
    ORDER OF THE I3OARD
    (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 purposes of
    assessments
    made_after_Janua~j28~
    “pollution control
    facilities” shall not include, however,
    a)~ij~
    system, method, construction, device or appliance
    ~
    thereto, designed, constructed,
    installed or
    operated for the primary purpose
    of
    (i)
    eliminating,
    containing,
    preventing or reducing radioactive containi—
    nants or energy,
    or
    (ii)
    treating
    wastewater produced
    ~ythe
    nuclear generation of electric power;
    b)
    any
    lar~diameter pipes or piping systems used to remove
    and disperse heat from water involved in the nuclear
    ~neration
    of electric power; or
    c) any eguipme~~
    constructiç~p~
    device or appliance_appurtenant thereto,
    2~~d
    by any person other
    thTan a unit of government,
    whether within or outside of the territorial boundaries
    of
    a 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
    1
    983
    before January
    1, 1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-181
    —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
    Th~Board
    will prnvid~
    ar~
    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 Office1
    Suite
    300,
    309 W.~
    ~t_o~~t~r_t, Chicago,
    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 no later than 12:00 noon on December_19~~.
    Requests
    for hearing should be 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,
    park
    10l0—1018J
    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 5:00 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 be
    limited to no more than 15 pages.
    FINAL ORDER
    The Board proposes to adopt a Final Order which may revo
    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
    he
    heard by the Board.
    As provided
    in paragraph 502a~-7of the Illinois Revenue Act of 1939, as
    amended,
    appeal
    of the Board’s
    Final Order may be made to the
    55-182
    —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 p~ard,hereby certify that the above Order was
    adopted
    on the
    ‘~~___dayof
    ~
    1983 by
    i
    vote
    /
    Christan
    L. Moffet
    erk
    55-183

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