December

6,

1983

PEOPLE OF THE STATE OF ILLINOIS

)

v.

)

PCB

83~2O0

Dura Containers,

Inc.

(Certification No,

21RA~ILL~WPC~75~39)

P~sa1to

Revoke_Tax Certificati

on

ORDER OF THE BOARD

(by J.D.

Durnelle):

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

(Ill,

Rev.

Stat,

Ch,

120, par.

502a~2)in

the following manner:

“F2L~sesof

assessments made after Janj~y~_~,

1983,

~j~ollution

control

facilities” shall not include, however,

~~~method,

construction, devic~~~pp~iance

~p~~nant

~

ted,

insta1

led or

2pedf2L~~r~o

se of

(i

)elirninatin~

contai9~~~inorreducin

radioactive

contami~

nantsor_eneray~_~(ii)

treating

wastewatered

~nuclear~tion~ctricower;b)~

~

remove

and_di

se_heat from water involved in the nuclear

~ne ration o

tric

ower

_~~~u~pment,

cons

t

ructio~~

de

~

thereto,

2peratedj~y~v~rson other_than_a_unit

o~~yer~~

whether within or outside of the territorial boundaries

of a

unit of lo~~governme

nt,

for sewa

gedisppsalor

treatment,

The Pollution Control Board

shall revoke_~y_p~or

certification in conflict with this

amenda~~_~ctof

1983 before

Janu~~v1,

1984.”

Pursuant

to this statutory directive,

the Board has reviewed

Pollution Control Facility Certifications and Applications for

55-105

---

—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

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,

Suite

300,

309 W. Wash~ton Street~icaoL_~l1~is. 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

19L

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 he 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.

Rev. Stat.

Ch,

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

~

Responsive

legal

briefs may

be filed no later than 12:00 noon on December 27, 1983.

All briefs shall

he

T~T~no

more th~T~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 be heard by the Board,

As provided

in paragraph 502a—7 of the Illinois Revenue Act of 1939,

as

amended,

appeal

55-106

---

Circuit

Court pursuant to the Administrative Review Act

(Ill.

Rev,

Stat,

Ch.

110,

pars.

264 et seq.)

IT

IS SO ORDERED.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control B?~rd,

hereby ce~tifyt at the above Order

was adopted

on

the_~~__

day of~P

_,

1983

by a vote

of

___

~1

___

Christan L.

Moff

,

Clerk

Illinois Pollution

ontrol Board

1nr~