ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE OF

THE

STATE OF ILLINOIS

v,

)

PCB

Armak Co

(Certification

No,

~

ORDER

OF

THE

BOARD

(by

J~D,

DumeIle~

Recently

enacted

Public

Act

(P~A.

)

83~O883,

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

(III,

Revs

Stat,

Ch~

120,

par.

502a—2)

in

the

following manner:

~~jurosesof_assessments

made

after

Januarj~1,

1983~,

“~ol

lution

control

facilities”

shall

not

include,

however,

a)

any

system, method,

construction~device~~~ance

~~rian~t:hereto,des~,constructed,

inst

ailed

or

~

for tho ~p~md

~

u r(J

~~nat±n,

containincj,jreve~in’orrcduc

:1

n~

radioactive

centai~i

-

nants

or

or

r,

or

(ii)

treatinq

wastewter

roduced

by

the

nuc~

enerat ion

of

e1ectric~J3cwer;

b) a~

large_~

ipes

or

ipir~~ystemsused

to

remove

and

di~erse heat from water involved in

the_nuclear

~~ti2~of

e

1

ectri~j1ower~or

c)

~e~~ent,

construction,

device or a~p~~nce~ppurtenant

thereto~

~

whether

within or outside o± the territorial

boundaries

of

a

unit

of

local

~vernmenL,

for

se

dis~2~osalor

treatment~

The

Pollution

Control

Board_shall

rnvoke

any

prior

certification

in

conflict

with_this

amendato~

act

of

1983

before_Janu~y~I,1984,u

Pursuant

to this statutory directive,

the

Board

has

reviewed

~‘oliution

Control

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, 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 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

a.m.

at

the_Pollution

Control

Board

Office,

~iite

300,

309 W.

Washin~~9p~treet, Chic~,

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 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,

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

he conducted pursuant to the contested case provisions of the

Illinois Administrative Procedure Act

(Ill.

Revs

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 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

E~Tefsmay be filed no later than 12:00 noon

on December

27,

1983.

All briefs

shall he 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 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

55-86

---

—3—

Circuit Court pursuant to ~he Administrative Review Act

(Ill.

Rev.

Stat.

Ch.

110, pars.

IT IS

SO ORDERED.

I, Christan L. Moffett, Clerk

of the Illinois Pollution

Control Board,

hereby cert~fy

that

the above Order was adopted

on theJ~

day of

,

1983 by a vote

of

:T7-~c’

~tan~~,Mo~

-

Illinois

Pollution C

rol Board

55-87