ILLINOIS POLLUTION CONTROL BOARD
    May 2, 2002
     
    UAP RICHTER COMPANY (McDonough
    County) (Property Identification Number 08-
    000-071-00),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
          
     
    PCB 02-184
    (Tax Certification)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 22, 2002, the Illinois Environmental Protection Agency (Agency) fled a
    recommendation on whether the Board should certify certain facilities of UAP Richter
    Company (UAP) as “pollution control facilities” for preferential tax treatment under the
    Property Tax Code (35 ILCS 200/11-5
    et seq.
    (2000)). The Agency filed the recommendation
    under Part 125 of the Board’s procedural rules (35 Ill. Adm. Code 125). The Agency
    recommended that the Board issue a tax certificate for certain agrichemical containment
    structures where the primary purpose is the elimination, prevention, and reduction of water
    pollution. However, the Agency recommended that the Board deny a tax certificate for the
    portion of the building over the minibulk and package agrichemical secondary containment
    structure, stating that its primary purpose is to warehouse products for future use.
     
    In a separate order, the Board today issued a tax certificate for UAP’s agrichemical
    containment structures for which the Agency recommended such certification in PCB 02-182.
    The Board now opens this docket, PCB 02-184, to address the Agency’s recommendation that
    the Board deny tax certification for the portion of the building over the minibulk and package
    agrichemical secondary containment structure. The Board directs the Clerk of the Board to
    place a copy of the Agency’s recommendation in the record of this docket.
     
    If UAP wishes to contest the Agency’s recommendation regarding this portion of the
    building, UAP must file a petition to contest with the Clerk of the Board within 35 days after
    the Agency served the recommendation on UAP.
    See
    35 Ill. Adm. Code 125.206(a). If UAP
    fails to timely file a petition, the Board may deny tax certification for the landfill based solely
    on the Agency’s recommendation.
     
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 2, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top