ILLINOIS POLLUTION CONTROL BOARD
    May 5, 2005
     
    ARTHUR KELLER-WILLOW HILL
    Dead Animal Compost Bin (Property
    Identification Number 94-15-18-300-007),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-179
    (Tax Certification - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 17, 2005, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board not certify certain facilities of Arthur Keller as “pollution control
    facilities” for preferential tax treatment under the Property Tax Code (35 ILCS 200/11-5
    et seq.
     
    (2002)). The disapproved facilities are dead animal compost bin facilities at Arthur Keller’s
    swine facility located in Willow Hill, Jasper County. The Agency filed the recommendation
    under Part 125 of the Board’s procedural rules (35 Ill. Adm. Code 125). In this order, consistent
    with the Agency’s recommendation, the Board declines to certify that Arthur Keller’s facilities
    are pollution control facilities.
     
    In the March 17, 2005 filing, the Agency further recommended that the Board certify
    certain other of Arthur Keller’s facilities as pollution control facilities. By an order dated
    April 7, 2005, the Board certified those separate facilities as recommended by the Agency.
     
    The Agency states that it received a tax certification application from Arthur Keller for its
    dead animal compost bin facilities at Arthur Keller’s swine facility on December 26, 2001.
    Agency Rec. at 1. On March 17, 2005, the Agency filed a recommendation on the application
    with the Board. The Agency’s recommendation identifies the facilities at issue:
     
    The dead animal compost bin (24 ft. x 60 ft.). Agency Rec. at 3.
     
    The Agency’s recommendation also identifies the location of the facilities: Section 18,
    Township 6 North, Range 14 West of the Second Principal Meridian, in Jasper County.
    Id.
    at 1.
     
    The Agency recommends that the Board deny certification that the identified facilities are
    pollution control facilities as defined in Section 11-10 of the Property Tax Code (35 ILCS
    200/11-10 (2002)). Agency Rec. at 3.
     
     
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    Arthur Keller had 35 days from when he was served with a copy of the Agency’s
    recommendation to contest that recommendation to the Board. 35 Ill. Adm. Code 125.206. Any
    petition for review was to have been filed on or before April 24, 2005. The Arthur Keller failed
    to file a petition before the Board within that time. Accordingly, consistent with the Agency’s
    recommendation, the Board declines to certify that Arthur Keller’s facilities are pollution control
    facilities that are subject to preferential treatment under the Property Tax Code. The Board
    further dismisses this docket.
     
     
    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) (2002);
    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
    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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 5, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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