1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    1. RECOMMENDATION
ILLINOIS POLLUTION CONTROL BOARD
December 20,
2001
THE AMERECAN COAL COMPANY
-
)
GALATIA (Landfill) (Property Identification
)
Numbers 11-1-083-01,
1-1-088-01,
1-1-088-
)
03,
1-1-088-04, 11-1-093-01,
11-1-093-02,
)
11-1-093-03,
11-1-093-05,
11-1-093-06,
11-1-)
093-07,
11-1-095-01,
11-1-095-02),
)
)
Petitioner,
)
)
v.
)
PCB 02-83
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by C.A.
Manning):
On December
12, 2001,
the Illinois Environmental Protection Agency (Agency) filed a
recommendation on whether the Board
should certify certain facilities of The American Coal
Company (American Coal) 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 the perimeter ditch of American
Coal’s new 472-acre coal cleaning refuse
landfill (perimeter ditch), but deny
a tax certificate
for the 472-acre coal cleaning refuse
landfill and addition of agricultural lime (landfill).
In a separate
order,
the Board today issued
a tax certificate for American Coal’s
perimeter ditch in PCB 02-76.
The Board now opens this
docket, PCB 02-83, to address the
Agency’s recommendation that the Board deny
tax certification for American Coal’s landfill.
The Board directs the Clerk of the Board to place a copy of the Agency’s recommendation in
the record of this docket.
If American Coal wishes to contest the Agency’s recommendation regarding the
landfill, American Coal must file a petition to contest with the Clerk of the Board within 35
days after the Agency
served the recommendation on American Coal.
See 35
Ill.
Adm.
Code
125.206(a).
If American Coal fails to timely file a petition, the Board may deny tax
2
certification for the landfill based
solely on the Agency’s recommendation.
IT
IS SO
ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control Board,
certify that the
Board
adopted the above order on December
20,
2001,
by a vote of 7-0.
~
(.~
.~.
p
Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
The American Coal Company-Galatia
)
(Property Identification Numbers
)
11-1-083,
1-1-088-01,1-1-088-03, 1-1-088-04,
)
11-1-093-01,
11-1-093-02, 11-1-093-03,
)
11-1-093-05,
11-1-093-06, 11-1-093-07,
)
11-1-095-01
and 11-1-095-02
)
RECOMMENDATION
Now Comes the
Illinois
Environmental
Protection Agency (“Illinois EPA”) by Connie
L. Tonsor, one
ofjts
attorneys, and pursuant to Section 125.204 of the
Illinois Pollution
Control
E~oard’s(Board) regulations files the following Recommendation regarding the
tax certification of water pollution control facilities pursuant to 35 Ill.
Adm. Code
125.204.
1.
On January 31, 2001, the
Illinois
EPA received
a request from The American
Coal Company for an
Illinois
EPA recommendation regarding the tax certification
of wat&i5ôllution
control facilities, pursuant to 35
III. Adm. Code
125.204, and
noted the request as log number TC-06-01. (Exhibit A)
2.
The applicant’s address
is:
Ms. Linda Canton
The American Coal Company
Post Office Box 727
Harrisburg, Illinois 62946
3.
The proposed water pollution control facilities
in this request are located at:
SW of
Section
17,
E 114ofthe NE
1Aof Section
19 and NW and
the
N of
RECEIVED
CLERK’S OFF1~
DEC
122001
STATE OF
ILLINOIS
Pollution Control
Board
PCB Q2-7(~’
(Tax Certification)
the SW
1/4
of Section 20 Township
8 South-Range 6 East of the
3rd
P.M. and
consist of:
A)
The perimeter ditch of the new 472-acre coal cleaning refuse landfill.
(This facility is further described
in
Exhibit A.)
B)
The 472-acre coal cleaning refuse landfill and addition of agricultural lime.
(This facility is further described
in
Exhibit A.)
4.
Section
11-10 of the Property Tax Code, 35 ILCS 200/11-10 (2000), defines
“pollution control facilities” as: “any system, method, construction, device or
appliance appurtenant thereto or any portion of any building or equipment, that is
designed, constructed, installed or operated for the primary purpose of:
(a)
eliminating, preventing, or reducing air or water pollution
.
.
.or (b) treating,
pretreating, modifying or disposing of any potential solid, liquid or gaseous
pollutant which if released without treatment, pretreatment modification or
disposal might be harmful, detrimental or offensive to human, plant or animal
life,
orto property.”
5.
Pollution control
facilities are entitled to preferential tax treatment, 35 ILCS
200/11-5
(2000).
6.
Based on the information
in the
application and the purpose of the facilities, the
perimeter ditch,
described
in
paragraph 3(A) is conveying water back to a pond
system.
The pond system. collects all water at the
site and
is used as slurry
water.
The Illinois EPA’s engineering judgment that the
described facilities may
/
be considered “pollution control facilities,” pursuant to 35
III. Adm. Code
125.200(a), with the primary purpose of eliminating, preventing, or reducing
water pollution, or as otherwise provided in 35
III. Adm.
Code
125.200.
Therefore, the perimeter ditch described
in paragraph 3(A) is eligible for tax
certification from the
Board.
7.
The 472-acre coal cleaning refuse landfill and the addition or agricultural lime
described
in
paragraph 3(B)
is a disposal facility for coal cleaning refuse, a
byproduct of mining, and not a water pollution control
device,
35
Ill. Adm. Code
125.200.
8.
Therefore, pursuant to Section
125.204(a) the Illinois
EPA recommends that the
Board issue the requested tax certification for the perimeter ditch described
in
paragraph 3(A) and deny the
requested tax certification for the 472-acre coal
cleaning
refuse landfill described in
paragraph 3(B),
35
III. Adm. Code
125.204.
9.
The applicant may file a petition with
the
Board to contest the Agency denial
recommendation.
The applicant
has 35 days after the date of service of this
recommendation to file its petition.
Illinois
Environmental
Protection Agency,
By:________
Connie L. Tonsor
Associate Counsel
December 10,
2001
1021
North Grand Ave.
E.
P.O. Box 19276
Springfield,
Illinois 62794-9276
217/782-5544
p
Tax Certification
for
Pollution Control Facilities
Page
1
of2
&‘OO
This
Agency
is
authori~edto
requst
this
information under
illinois
Revised Statues.
1979,
‘on
502a.5.
Disclosure ofthis
J
~
~
tary.
However,
failure
to
~orfi~ly”~~il
~#e.
nt
your
application
from
beingproce
could result in denialofyour
application for certification.
,
~..,ri1
/
~PLICATIONFOR CERTIFICATION
(PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIRD
WATER
~J
ILLINOIS
ENVIRONMENTAL PROTECTION ~
P. 0. Box 19276, Springfield, IL
62794-9276
FORAGENCY USE
“s”
~
.~
LUUI
ILLINOIS ENViROi~MENTAL
No.
Date
Received
Certification No.
~
A
Company Name
&~WfWPC/PEF~MLT
SECTION
The American Coal Company
Person Authorized to Receive Certification
Person to Contact for Additional Details
Ms.
Linda
Canton
Ms.
Linda
Canton
Street Address
Street Address
P
0
Box
727
p
o
Box
727
Municipality, State & ZipCode
Municipality, State & ZipCode
~
Harrisburg,
IL
62946
Harrisburg,
IL
62946
TelephoneNumber
TelephoneNumber
~
618/268-6535
618/268-6535
Location of Facility
Municipality
Township
QuarterSection
Township
Range
1.2
miles
East
-
Pt.
Sec 17, 19, 20
8S
6E
Galatia,
IL
Raleigh
StreetAddress
County
BookNumber
9085 Hwy 34 N,
Galatia,
IL
Saline
Property Identification
Number
Parcel Number
11—1-083—01;
1—1—088—01,
03,
04;
11—1-093-01.02,
03.
05.06.
07~11-1—095-OLD?
B
Nature of Operations Conducted at theAbove
Location
472 acre surface site designed and approved for permar~entcontainment of coal
waste materials to meet surface runoff and groundwater environmental
compi’iance.
IDNR-Land Reclamation Div. Permit No.
306
Issued 11/20/1997
Water Pollution Control Construction Permit No.
NPDES PERMIT No.
1L0061727—Sediemtn
Pond
#002
Date Issued
Date Issued
Expiration Date
8/15/96
(current)
8/15/2001
Air Pollution Control Construction
Permit No.
Date Issued
Air Pollution Control Operating Permit No.
Date Issued
C
Describe Unit Process
Coarse refuse generated from coal cleaning
is
placed
on the prepared site and
compacted to ensure stability for permanent containment.
Fine refuse
is place
inside the coarse refuse and dewatered for permanent containment.
~
Materials Used in Process
Self propelled compactor, bulldozers, roadgraders and haultrucks.
Agricultural
grade limestone and calcium hydroxide are used as needed to ensur
proper pH control for surface runoff prior to final
reclamation.
0
Describe PollutionAbatement Control Facility
Coarse
refuse
is
compacted to stablize the containment structure which enclose
fine refuse
to prevent pollution of surface water and groundwater.
Topsoil removed from affected area,
stored and protected on site for use in
fi
site reclamation.
Surface site drainage control
is established to
capture
all
site runoff and
directed to
an NPDES sediment pond-NPDES Permit
No.
1L0061727.
IL 532.0222
a
APC 151
(Rev. 8/00)
Sec.
E
(1)
Nature of Contaminants or Pollutants
Cl,
I-
z
4:
z
0
-0
I—
-4
~4:
üz..v
(‘erli/icalionfor Pollution Conlrol Facilities
Page
2
of2
8/00
Contaminant or Pollutant
rn~rc~
r~fii~
Fine
r~fiis~
DESCRIPTION
rock. ~
~n1fR
Material
Retained.
Caotured or Recovered
,.J
7_~
mn
nvritp
rlavc
(2)
Point(s)
of Waste Water Discharge
p
DISPOSAL
OR
USE
~ii1f~t~c
iv’nn
Ppr~”-,t
di~r,nc,1
.—~.—..
r~t,v’i+c~
~~l2tlC’
of
d
-~hc~,1
rn~’4.~1ç
Dt~.m~tm.,t
dicnoczil
of
dpc,’rihi~d-
m,fc~’i~1e
Plans and
Specifications Attached
Yes
x
No
..~.L
Are
contaminants (or residues) collected by the control facility?
Yes
x
No
(4)
Date installation completed
1998
status of installation on date of application
operati nq
(5)
a.
FAIR CASH VALUE IF CONSIDERED
REAL
PROPERTY:
$
283 ,200 .00
b.
NETSALVAGEVALUEIFCONSIDEREDREALPROPERTY:
$
283,200.00
c.
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
N/A
d.
PRODUCTIVE
NET ANNUAL INCOME OF CONTROL FACILITY:
$
N/A
e.
PERCENTAGE CONTROL FACILITY BEARS TO W-IOLE FACILITY VALUE:
Sec.
F
ollowing information
is submitted in accordance with the Illinois Property Tax Code, as amended, and to the bestof my
knowledge, istrue and correct.
The facilities claimed hereinare “pollution control facilities” as defined in Section
11-10
of the
Illinois
roperty Tax
od
General Manager
Signat
e
Title
Sec. G
INSTRUCTIONS
FOR
COMPILING AND FILING APPLICATION
General:
Sep
ate applications must
be completed for each
control facility claimed.
Do not mix types (water and air).
Where both air and
water operations
are related, file two applications.
If attachments are
needed, record them consecutively on an index sheet.
Sec. A
Sec. B
Sec.
C
Sec.
D
Information refers to applicant as listed in the tax records and the person to be contacted for further details orfor inspection
of
facilities.
Define facility location by street address or legal description.
A plat map location is required for facilities located
outside of municipal boundaries.
The property identification number is required.
Self-explanatory.
Submit copies of all permits issued by local pollution control agencies.
(e.g.
MSD Construction
Permit)
Refers to manufacturing processes or materials on which pollution control facility is
used.
Narrative description ofthe pollution control facility, indicating that its primary purpose is to
eliminate, prevent or reduce pollution.
State the type of control facility.
State
permit number,
date, and agency
issuing permit.
A narrative description and a process
flow diagram describing the
pollution control facility.
Include a listing of each major piece ofequipment included
in the claimed
fair cash
value for real property.
Include an
average analysis
of the
influent and effluent of the control facility stating the
collection efficiency.
Sec.
E
List air contaminants, or water pollution substances released as effluents to the manufacturing
processes.
List also the final
c
~
disposal of any contaminants removedfrom the manufacturing processes.
Item
(1).-
Refers to pollutants and contaminants removed from
the process
by the pollution control facility.
Item (2)
—
Refers to water pollution but can apply to water-carried wastes from air pollution control facilities.
Submit drawings,
which clearly show (a) Point(s) of discharge to receiving stream, and (b) Sewers and process piping
to and fromihe control
facility.
Sec.
F
Item (3)
—
If the collected contaminants
are disposed of other than as wastes, state the disposition of the materials,
and the value
in
dollars
reclaimed by sale or reuse of the collec~d
substances.
State the cost of reclamation and related expense.
Item (4)
—
State the date which
the pollution control facility was first placed in service and operated.
If not, explain.
Item
(5)
—
This information is essential to the certification and
assessment actions.
This accounting
data must be completed to
activate project review prior to certification by this Agency.
Self-explanatory.
Signature must
be
a corporate
authorized signature.
Submit to:
Attention:
Attention:
Illinois
EPA
Thomas McSwiggin
Donald E.
Sutton
P.O.
Box
19276
Permit Section
Permit Section
Springfield,
IL
62794-9276
Division of Water Pollution Control
Division ofAir Potution Control
S
cx
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~Ww~NTM~TnmT
,ras,p,xb~anLwz~.Mov~,
GALATIA
MINE
-
Surface
Site
Facilities
“a—
—Sn
REV~o~
G$atla
THE
AMERICAN
COAL
COMPANY
Mkie
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No.
Date
1
/15/93
2
7/25/91
3
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KIt
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Kit
14
7/24/95
KIt
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921/95
KIt
15
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12/22/91
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