ILLINOIS

POLLUTION

CONTROL

BOARD

December 23,

1983

PEOPLE

OF

THE

STATE

OF

ILLINOIS

v.

)

PCB

83—200

NJRA CONTAINERS,

INC.

(Certification

No,

21R~—iLL—WPC•~75—39

Revocation

of

Tax

Certification.

OPINION

AND

ORDER

OF

TH~

BOARD

~br

J,

B.

Dumelle):

This

matter

comes

he:orc

the Board upon

a

Proposal

to

Revoke

Tax

Certification

adopted

1w

toe

Board

on

December

6,

1983.

Hearing

was

held

on

December

20,

1983,

at which

only

the

People

of

the

State

of

Ii

I inois

(Pec;p:La

)

presented cv

~dence.

Recently

enacted Public Act (P~A.

)

83—0883,

which became

effective

on

September

9,

1993, amends the

definition

of

“Pollution

Control

Facilityli

as

contained

in

Section

21a—2

of

the

Illinois

Revenue

Act

of

1’)39

(Ill.

Rev,

Stat.

Ch,

120,

par.

502a—2)

in

the

followinq

manner:

fJurp~s,9fassessnentsmade

aft

rJ~~r~1,l983,

1~utipncorirc1iiciU~-L~

~fli

not

Lnclude,

however,

a)

a~y

~stemL

method,

construction,

device

or appliance

~j~r

tenant thereto,

desiqned,

coastructed,

installed or

~p~rated

for

the nrimary~

ourpose

of

(i)

eliminating,

contain~,preventinqorreducinq

radioactive_contarni-

nant

s ore

ne rqy,

or

ii)

Latinq~wastt~~r94uced

by

the

nuclear

eneration

of

electric

power;

b) _~y

large

diameter

oiLpes

or oi~pi~c

sy~~ens

used

to

remove

and

di ~

~

ti~o

_________

~~eration

of

electute

po~er~ crc)

ar~y~

eo~uipment,

~

renant

fT~i~eto,

~ed~a~pe

r sonnttherthenaunitofgover~~

whether within

or

outside

of

the

territorial

boundaries

of

treatment,

The

Poilut

on

Co

trot

i3oardshal1re~~antRr

ior

cer t

i

fication

u’

car1

i

ic

tWIL

th

te

amendatory

act

of

1983

before_Janua~1~19B4.”

---

I

Pursuant to this statutory nrective

Pollution Contol Facility Certifirrt~onpand Applications for

Certification

which

were referred

to

the Board by the Illinois

Environmental Protection Agency (or decertification under this

language.

On the basis of this irforiration and the information

presented at hearing, the

Board

finds that the facility

which

is

the subject of this certificatso

falls athin subparagraph

(c)

of paragraph 502a—2 of the Illino.’s Rwenue Act of 1939, as

amended.

OPPORTUNITY

LOR HE!RING

The

Board

providel

it

i..y icr a hearing to present

contrary facts on this

matte

at

Dcnn er

0, 1983 at 9:00 a.m.

at the Pollution Control Board Offices

Such hearings were

scheduled if the Board

rec.e v’,

‘

e-t for nearing and a short

statement of the fa..ts

a

-

t hearirg no later

than

12:00 noon on

Dccci’

e

I

t

feting

was

requested

in this matter,

and

the cñy

a

e

)t3

C

ted

was on behalf of

the People and

was

ii

suppor

~

e

xc o ation. The subject

certification will, therefore

b. revokd

This Opinion and Order

or

‘i..

t.? Board’s findings of

fact and conclusions of law

it

t-

~c

utter.

ORbR

Tax

Certificatiot No

-~

~-39 issued to

DURA CONTAINERS,

IC.

-

3

)

IT IS SO ORDERE).

I,

Christan L. Motfett

£

‘

c.

Illinois Pollution

Control

Board,

hereby

cert,dJ

t

t

-

‘cne

Opinion

and

Order

was

adopted

on

the

aSS

k

3

~

~

~flLL_tt

,

1983

by

avoteof

c--C

~

cajl

-s

r~.

,A.

s’1!C/1t447’/_.t’

C.f:iscai L. Moffett, $Zjerk

Iltirois pollution

Contol

Board