ILLINOIS

POLLPTION

CONTROL

BOARD

December

23,

1983

PEOPLE

OF’

THE

STATE

OF

ILLINOIS

v.

)

PCB

83—203

KEYSTONE

WIRE

&

STEEL

CO.

(Certification

No.

2lRA~:rLL~wPc 77~:38

Revocation

of

Tax

Certification,

OPINION

AND

ORDDP

OF

TRI,

BOAPO

be

P

P.

Dunel Ic

This

matte

~:

names

be 3c~re the

Ice

0

epa::

a

Proposal

to

Revoke

Tax

Certification

•edopted

by

the

c~arc3

en

hecember

6

1983.

Hearing

was

held

on

December

28

,

1983

atwb

let

only

the

People

of

the

State

of

TI

I inois

(People

&~nteh

evidence,

Recently

enacted

Pub lie

Act

(P

83~~O

883

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

ot

1939

(iii.

Rev,

Stat.

Sb,

120, par.

502a—2)

in the

following

manner::

“For

~

esofssessmcnsmaeleabte::rJanuar~

1,

1983,

i_iiL~

~‘i~&

)t

ancLude,

however,

~

___device

o~~iance

~IIh~

2~8L~81

~_

(i)eilminatin~

COflt:C_L

P~1

Pd

331

c~)fl~

nants

or

ened~,or(33i~treatnre7astewatp~roduced

~y_tnenucle~r

~nerdJ~

1

~~re~ower,_b)~

lar~diameterp~pes

or j~Pin~svs

hems

used

to

remove

~

dis

erse

beat

from

water

involved

in

the

nuclear

generationoelectrco~we~

~±~2~P~L

construct

ion

device

or

aped in en c~al~j3urtenant

thereto

~

whether

within

or

outside

of

the

territorial_boundaries

of

a

unit of

loca~~yernsnent,

for

sewa~e

d~os

a

1

or

treatrnent~

The

Pol

mt

tori

Control

Board.

shall

revoke

a~j~ior

certification

in

conflict

with_this

arnendatory_act

of

1983

before

January

1,

1984

,~‘

---

2

Pursuant

to

this

statutory

directive,

the

Board

reviewed

Pollution

Contol

Facility

Certifications

and

Applications

for

Certification

which

were

referred

to

the

Board

by

the

Illinois

Environmental

Protection

Agency

for

decertification

under

this

language.

On

the

basis

of

this

information

and

the

information

presented

at

hearing,

the

Board finds that the facility which is

the subject of this certification falls within subparagraph

(c)

of paragraph 502a—2 of the tllinois Revenue Act of 1939, as

amended.

OPPORTUNITY

FOR

REARING

The Board provided an opportunity for a hearing to present

contrary facts on this matter on December 20, 1983 at 9:00 a.m.

at the Pollution Control Board Offices.

Such hearings were

scheduled if the Board received a request for hearing

and

a short

statement of the facts to be presented at hearing no later than

12:00 noon on

December

19, 1983.

No such hearing

was

requested

in this matter,

and

the

only

evidence

presented

was

on

behalf

of

the People and was in support of the revocation. The subject

certification will,

therefore,

be revoked.

This Opinion

and

Order constitutes the Board’s findings of

ORDER

Tax

IT IS SO ORDERED.

I, thristan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certjfy that the above Opinion and Order

was adopted on the

~2~

~“—

day of

41—’

Las.

4t

,

1983 by

a vote of

C-C’

~A.

.c.t~i....&._’

gel.

~iai~r4~c..

Christan L. Moffett, Cle4cf

Illinois Pollution

Contol

Board

55-342