ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    )
    PCB
    83—223
    COtiMONWET~LTHEDISON COMPANY
    (Certification No. 21RA—ILL—WPC—83—35)
    ~~9s
    alto_Revoke
    Tax
    Certification.
    ORDER OF THE BOARD
    (by J.D.
    Dumelie):
    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
    (111.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “For purposes of assessments made after January
    1,
    1983,
    ~2ollution control facilities” shalt not include, however,
    a)
    any system,
    method, construction, device or appliance
    appurtenant thereto, designed, constructed, installed or
    operated for the primary purpose of
    (i) eliminating,
    containing~
    preventing
    or reducing radioactive contami-
    nants or energy, or
    (ii) treating wastewater produced
    by the nuclear generation of electric power;
    b) any
    large diameter pipes orj~iping
    systems
    used
    to remove
    and_disperse
    heat
    from water involved in the nuclear
    generation of electriç~ower;or c)any eguipment~
    construction, device or appliance appurtenant thereto,
    operated by any person other than a unit of government,
    whether within or outside of the territorial boundaries
    of
    a unit of ~~n~ent,
    for sewage disposal or
    treatment.
    The
    Pollution
    Control Board shall
    revoke
    any
    prior
    certification_in
    conflict
    with this amendato~yact of
    1983 before
    Janua~
    1,
    1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    pollution Control Facility Certifications and Applications for
    55-197
    —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 TEARING
    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~.Wash~~9nStreet~
    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 he 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 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
    312/793—6923.
    At such hearing oral argument will be 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
    If no facts are contested,
    legal argument on this proposed
    revocation may he submitted
    in written form rather than at
    1:iearing.
    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
    2Q~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 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
    55498
    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 ~oprd, hereby certify
    that. the above Order was adopted
    on the
    ~
    _day of
    ~
    ___,
    1983 by a vote
    of—-
    ~y
    -o
    .
    Christan
    L.
    Mo
    feL~~.erk
    55-199

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