December

6,

1983

PEOPLE OF

THE

STATE OF ILLINOIS

)

PCB

83—203

Keystone Wire

& Steel Co.

)

(Certification

No. 21RA—ILL—WPC—77—38)

ORDER OF THE BOARD

(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

(Iii.

Rev.

Stat.

Ch,

120, par.

502a-2)

in the following manner:

“Fo~u~~esofas

ses

sments

made after Janu~y~

1,

19

83,

“ppUution

control_facilities”

shall_not include, however,

a~~y~em,method,con

struction,_device

ora

iance

~pnantthe

~

~~cons

truc

ted,

installed

or

~pe rated

frthep~imaryoseof(i)eflminati~

containing,

p ~

contami

~

ts

_

,or(i.

~

b~ythe nuc1 earg

eration of dec

tric

‘ower;

b)

any

l~~di

ameter ~ip

o~piping

~ys tems

used to

remove

and

d~rse

heat

from

water

involved

in

the

nuclear

~eerationof

e1

ectric~

r;or

c) any~~i~~ent,

~erated~y_any~erson

o

therthanaun~t_~2~me~

whether within

or outside of the territorial boundaries

ofaunitofloc

a1

~overnment, for sew~aedi~osaI or

treatment.

The

Pollution

Cont

rol Board shal 1

revoke

aiiy prior

~ ~

~

Pursuant to

this statutory directive,

the Board has reviewed

Pollution Control

Facility

Certifications

and Applications for

---

—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

(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,

Si~OU7~WW~E~ree

?~c~TTTTnoThT~~ever,

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

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 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

be conducted

pursuant

to the contested case provisions of the

Illinois Administrative Procedure Act

(Ill.

Rev.

Stat.

~h. 127,

par.

1010—1018,)

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

5:9Q~rn.

on December 20,

1983.

Responsive legal

briefs

may be filed no

later than

12:00 noon on_Decemb~~983.

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 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

~

11 S

---

—3—

Circuit Court pursuant to the Administrative Review Act (Ill.

Rev. Stat.

Ch.

110,

pars.

264

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on

the__1.~day

~

1983 by a vote

of

~-~2

_____—.

Illinois Pollution