ILLINOIS POLLUTION CONTROL BOARD
March 20, 2003
CONSUMERS ILLINOIS WATER
COMPANY (Property Identification Number
23-06-100-001-0060),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-124
(Tax Certification)
ORDER OF THE BOARD (by T.E. Johnson):
On March 14, 2003, the Consumers Illinois Water Company (Consumers) filed a petition
to contest a February 10, 2003 recommendation of the Illinois Environmental Protection Agency
(Agency). The Agency recommends that the Board deny certification of certain Consumers’
facilities as “pollution control facilities” for preferential tax treatment under the Property Tax
Code. 35 ILCS 200/11-5
et seq.
(2002). The Agency filed the recommendation under Part 125
of the Board’s procedural rules (35 Ill. Adm. Code 125).
Consumer’s petition meets the content requirements of the Board’s procedural rules. The
Board accepts the petition for hearing. 35 Ill. Adm. Code 125.206, 125.210(a)(1). Consumers
has the burden of proof. 35 Ill. Adm. Code 125.214. Hearing will be scheduled and completed
in a timely manner. The Agency is required to file the entire record upon which it based its
recommendation within 30 days of the filing of the petition. 35 Ill. Adm. Code 125.208. In this
instance, the Agency must file the record by April 14, 2003.
IT IS SO ORDERED.
I Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 20, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board