ILLINOIS POLLUTION CONTROL BOARD

December

28,

1983

PEOPLE OF THE STATE OF

ILLINOIS

v.

)

PCB

83—190

OLIN CORPORATION

-

EAST ALTON

)

(Certification No~

2IRA—1LL—WPC73—i0

)

Revocation of

Tax Certification.

OPINION

AND ORDER OF THE BOARD

(by J~ 0,

Dumelle):

This

matter

comes before the Board upon a Proposal

to Revoke

Tax Certification adopted by the Board on December

6,

1983.

Olin CorpS

—

East Alton

(Olin)

filed

a response opposing the

revocation on December 19,

1983.

Hearing was held on

December 20,

1983,

at which only the People of the State

of

Illinois

(People) presented evidence,

The People

filed a response

to Olin~s

brief on December 27,

1983.

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~2of

the Illinois Revenue Act of 1939 (Ill~Rev,

Stat.

Ch.

120, par~

502a—2)

in the following manner:

~po I Iution control

facIlities” shall not include, however

a)systern,method,construction,deviceora~liance

~pp~rtenantthereto,des~ned,constiucted,instailedor

2p~ated for the primar~y~pgseof

(I)

elimina~,

nantsorene~g~,or

(ii) treatingwastewater~produc

ed

by the nuclear~ene ration of electric j~ower;b)

any

iag~ftiameter~~ps~edto_remove

~ene ration of electric ~er;

or c) agy~g~ment

construction

,

device or ~pliance

a~p~tenantthereto,

~atedbya~~ersonothertlanaunitof~gvernment,

whether within or outside of the territorial

boundaries

~

~~Jc~L

~

treatment,

The Pol lution Control Board shal I revoke ag~~ior

certification

in

conflict with this_amendato~yact

of

55~361

---

Pursuart t

this s atutorj

..i

~‘tave

.e Board reviewed

Pollution Contol Facility Certnica

an’ and Applications for

certification which

were

referree to t~eBoard by the Illinois

Environmental Protectior Agency for decertification under this

language.

OPPORTUNIfl FOR

HF~RflG

The Board provided an oppcr utity for a hearing to present

contrary facts on 144s matter

ci

ccnrbf..r 20

1983 at 9:00 a.m.

at the Pol1~tiont.ontrol Board O~i..

is

°ichhearings were

scheduled at tie Board rec~ie

a

t

at

for hearing

and a

short statement of the tact’

o be £ ncr ed a’: hearing

no later than 12:00 noon on

Deenoer

19, 1983.

No such hearing

was requested ia this matter am

a

fly evidence presented

was on behalf

0t

a

P~OlE

a

pont of the revocation.

treatme

r

a~.

-

b-c

reserv

t

tact

to’c.

t

~

-

toP

8

t

t

Thatmayie1

j~

•r~

9o~

December

6, 1)83 orde.

it

tnis

a

prescnted at he~rng not as a n

no affidavi

sutp nt’. ig U

t ut

the Board canno’ coisidcr th

..

at.

,.

the

facili’y

i

.~.c

:

ti~

‘

wittin suptparc. tnt

of

~t

Revenuc

Act

‘

9

-o

T

1

therefo c

c.

v

Thi’

Opsnnn

and Orde

c

fact and crc’uai r’

f

n

s

a

a

-

a

its package sewage

r

t’i

k

and emergency

-

t..

,

that

it

is,

.a

I

iltty subject

t

t be revoked.

cJ

~.

ated

tn the Board’s

4-

br..~sion. Further, there

is

facts

a leged.

Therefore,

ana the Board finds that

•

.~

?

‘-fiaation falls

0 a

of

e Illinois

e

t

e..~’ifiation will,

-

ta c’ the Board’s findings of

Tax

crtif.catoi No

1

tA-

,

•

‘.

73.1()

issued to Olin

corporatiot

East A

on

s

c

•

IT IS 30 Ok)r~tL)

Board

Uemaer

J

Anderso

otes.t..t

I

Chri

ts.

‘1 t

-

control

oa...d,

ier.it1

it

was adopted ot the

,

by a vote ot

________

-:

i~cttaaa~.

C) ietai L. Koffet

in

Bocv

i

a

iv

r

3’.

-

~

Ops-tion and Order

d

~

~

1983

o5362