ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    HOLLAND ENERGY, LLC-BEECHER CITY
    Sanitary Sewer Collection And Treatment
    System (Property Identification Numbers
    0524-01-00-100-004. 0825-16-00-100-004,
    0825-16-00-300-002, 0825-16-00-300-003,
    0825-16-00-200-002),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-5
    (Tax Certification - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 14, 2004, the Illinois Environmental Protection Agency (Agency) recommended
    that the Board not certify certain facilities of Holland Energy, LLC (Holland Energy) 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 at Holland Energy’s combustion turbine
    electric generating facility located in Shelby 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 Holland Energy’s facilities
    are pollution control facilities.
     
    The Agency states that it received a tax certification application from Holland Energy for
    its combustion turbine electric generating facility on December 31, 2002. Agency
    Recommendation (Agency Rec.) at 1. On July 14, 2004, the Agency filed a recommendation on
    the application with the Board. The Agency’s recommendation identifies the facilities at issue:
     
    The sanitary sewer collection and treatment system, consisting of various sets of
    piping, two lift stations with grinder pumps, a septic system, and leach field for
    collection and treatment of sanitary wastewaters and the facility. Agency Rec. at
    1-2.
     
    The Agency’s recommendation also identifies the location of the facilities: Section 16,
    Township 9 North, Range 4 East of the Third Principal Meridian in Shelby 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.
     
    2
     
    Holland Energy had 35 days from when it 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 August 18, 2004. The Holland Energy
    failed to file a petition before the Board within that time. Accordingly, consistent with the
    Agency’s recommendation, the Board declines to certify that Holland Energy’s facilities are
    pollution control facilities that are subject to preferential treatment under the Property Tax Code.
    The Board 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 September 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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