ILLINOIS POLLUTION CONTROL BOARD

December

.28,

1983

PEOPLE OF

THE STATE

OF ILLINOIS

V.

PCB

83—183

AMAX

ALUMINUM/MILL

PRODUCTS

(Certification

No, W6891)

Revocation

of Tax

Certification.

OPINION AND

ORDER

OF THE BOARD (by J,

D,

Dumelie):

This matter

comes before the

Board

upon a Proposal

to

Revoke

Tax

Certification

adopted by the Board on December

6,

1983.

Hearing was

held on December

20,

1983,

at which only the

People of

the State

of Illinois (People)

appeared,

and at which

the

People

moved

to

dismiss

this matter.

However, on Dccceber

28,

1983 the

People

moved

to withdraw that motion circe it was filed

in

error.

The motion

to

withdraw is hereby granted~

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

(I1l~ Rev.

Stat.

Ch.

120, par.

502a—2)

in the

following manner~

o~pofasnfeerJanuar~y1__1983,

‘~pol~~ol_4ities

shall not include, however

a

)

~

s~tem, method,

ccnstruction, device or

appi

lance

~

ninin~,ntingcmreduc1rradioactivecontarni-

nantsorene

p

or

(ii) treatin~wastcwate:

roduced

bythenuclearg~enerat1onofelectzic~ower;?j~n

remove

and

di~ere heat from water involved in the

nuclear

~enerat

ion of electr1cower;orc)acmp~ment,

constructior,deviceor_~pj~Lance~p~ptenantthereto,

~

whether

within or outside of the territorial

boundaries

~

1

or

treatment,

Tbe

Pol lution Control ho

he

hell reyoke an

y,p~or

certi

~

---

—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 that information, the Board finds

that

the facility which is the subject of this certification falls

within subparagraph (c) of paragraph 502a—2 of the Illinois

Revenue

Act

of 1939, as amended.

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 subject certification will, therefore, be

revoked in accordance with the Board’s

December

6,

1983 Proposal

in this matter.

This Opinion

and

Order constitutes the Board’s findings of

ORDER

Tax

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopted on the

~

day of

y.~.”.-4.1

,

avoteof

i-e\

Chcdiathiai4~

~

Illinois Pollution

Con

Board

55-352