ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
KEITH & KEVIN ERICKSON – ALTONA
(Property Identification Number 02-11-200-
002),
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 10-4
(Tax Certification – Water )
ORDER OF THE BOARD (by G.T. Girard):
On July 10, 2009, the Illinois Environmental Protection Agency (Agency) filed a
recommendation that the Board certify certain facilities of Keith and Kevin Erickson – Altona
(petitioners) as “pollution control facilities” for preferential tax treatment under the Property Tax
Code.
See
35 ILCS 200/11-5
et seq.
(2006); 35 Ill. Adm. Code 125. Petitioners’ wean-to-finish
hog production facility is located at 1074 Knox Road 2900N in Altona, Knox County. In this
order, the Board describes the legal framework for tax certifications, discusses the Agency’s
recommendation, and certifies that petitioners’ manure management structures are pollution
control facilities.
LEGAL FRAMEWORK
Under the Property Tax Code, “[i]t is the policy of this State that pollution control
facilities should be valued, at 33 1/3% of the fair cash value of their economic productivity to
their owners.” 35 ILCS 200/11-5 (2006);
see also
35 Ill. Adm. Code 125.200(a)(2). “For tax
purposes, pollution control facilities shall be certified as such by the Pollution Control Board and
shall be assessed by the Department [of Revenue].” 35 ILCS 200/11-20 (2006);
see also
35 Ill.
Adm. Code 125.200(a).
Under Section 125.202 of the Board’s procedural rules, a person may submit an
application for tax certification to the Agency.
See
35 Ill. Adm. Code 125.202. If the Agency
receives a tax certification application, the Agency must file with the Board a recommendation
on the application, unless the applicant withdraws the application.
See
35 Ill. Adm. Code
125.204(a). Among other things, the Agency’s filing must recommend that the Board issue or
deny tax certification.
See
35 Ill. Adm. Code 125.204(a)(4). If the Board finds “that the claimed
facility or relevant portion thereof is a pollution control facility . . ., the Pollution Control Board .
. . shall enter a finding and issue a certificate to that effect.” 35 ILCS 200/11-25 (2006);
see also
35 Ill. Adm. Code 125.216(a).
2
AGENCY RECOMMENDATION
The Agency states that it received a tax certification application from petitioners on
January 2, 2008.
1
Rec. at 1. On July 10, 2009, the Agency filed a recommendation on the
application with the Board, attaching the application. The Agency’s recommendation identifies
the facilities at issue:
Livestock waste management facilities consisting of two concrete manure pits (each
approximately 300 ft. x 100 ft. x 8 ft. deep) each with twelve concrete pump out pits
(each approximately 6 ft. x 6 ft. x 9 ft. deep), and the slotted concrete portion of the floor
over the manure pits.
Id
.
The Agency’s recommendation further describes the facilities: “These livestock waste
management facilities are used to collect, transport and/or store livestock wastes prior to
cropland application.” Rec. at 1. The Agency’s recommendation also identifies the location of
the facilities: NE 1/4 of Section 11, T13N, R2E of the 4th P.M. in Knox County.
Id.
The Agency recommends that the Board certify that the identified facilities are pollution
control facilities as defined in Section 11-10 of the Property Tax Code (35 ILCS 200/11-10
(2006)) because the primary purpose of the facilities is “eliminating, preventing, or reducing
water pollution.” Rec. at 2.
TAX CERTIFICATE
Based on the Agency’s recommendation and petitioners’ application, the Board finds and
certifies that petitioners’ facilities identified in this order are pollution control facilities under the
Property Tax Code (35 ILCS 200/11-10 (2006)). Under Section 11-25 of the Property Tax Code,
the effective date of this certificate is “the date of application for the certificate or the date of the
construction of the facility, which ever is later.” 35 ILCS 200/11-25 (2006);
see also
35 Ill.
Adm. Code 125.216(a). Section 125.216(d) of the Board’s procedural rules states that the Clerk
“will provide the applicant and the Agency with a copy of the Board’s order setting forth
the
Board’s findings and certificate, if any
.” 35 Ill. Adm. Code 125.216(d) (quoting in italics 35
ILCS 200/11-30 (2006)). The Clerk therefore will provide petitioners and the Agency with a
copy of this order.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
1
The Agency’s recommendation is cited as “Rec. at _.”
3
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on July 23, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
