AQUA ILLINOIS, INC.
(f/kla
Consumers Illinois Water Company,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
CLERK’S OFFICE
JUL
082004
STATE OF ILLINOIS
)
Pollution Control Board
)
PCBO3-124
)
(Contest-Tax Certification)
)
)
)
)
)
)
)
)
NOTICE OF FILING
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
600 South Second Street, Suite 402
Springfield,
Illinois
62704
Steve Santarelli
Illinois Department ofRevenue
101
West Jefferson
P.O. Box
19033
Springfield, IL
62794
Connie L. Tonsor
Bureau ofWater Managing Attorney
Division ofLegal Counsel
Illinois Environmental
Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the office ofthe Clerk ofthe
Pollution Control Board the Joint Motion to Enter Agreed Order, a copy of which is hereby
served upon you.
Date: July
8,
2004
Charles T. Wehiand
Kristin Parker
Laura M. Earl
Jones Day
77 West Wacker Drive
Chicago, Illinois 60601-1692
(312) 782-3939
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
Petitioner,
CHI-1428314v1
THIS PLEADING IS
SUBMITTED ON
RECYCLED PAPER
CERTIFICATE OF SERVICE
Charles T. Wehland,
an attorney, hereby certifies that he
served a copy ofthe attached
Joint Motion to
Enter Agreed Order upon the persons listed
below by first class mail on July
8,
2004.
Carol Sudman, Hearing Officer
Illinois
Pollution Control Board
600
South Second Street, Suite 402
Springfield, Illinois
62704
Connie L. Tonsor
Bureau ofWater Managing Attorney
Division ofLegal
Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
IL 62794-9276
Steve Santarelli
Illinois Department ofRevenue
101
West Jefferson
P.O. Box
19033
Springfield, IL
62794
Charles T.
Wehland
Jones Day
77 West Wacker Drive
Chicago, Illinois
60601-1692
(312) 782-3939
THIS PLEADING IS
SUBMITTED ON RECYCLED PAPER
CHI-1428314v1
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CONSUMERS ILLINOIS WATER
)
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 03-124
)(Contest-Tax
Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
JOINT MOTION TO ENTER AGREED ORDER
Aqua Illinois, Inc.
(“Aqua”), formerly Consumers Illinois Water Company, and the
Illinois
Environmental Protection Agency (“IEPA”) hereby submit this joint motion to request
the Board to enter an agreed order:
1.
Aqua filed an Application for Certification ofthe following equipment with the
JEPA on November 7, 2002:
(1) three 3-million gallon
sludge lagoons, (2) one 4-million gallon
backwash waste settling basin, (3) one nitrate removal facility, (4) one wet well/storage basin for
ion
exchange backwash,
(5)
one powdered activated carbon unit, (6) two 2-stage upflow
clarifiers, and (7) six rapid-rate gravity dual media filters.
2.
IEPA filed a recommendation to
deny certification for all equipment on Aqua’s
application with the Illinois Pollution Control Board (“IPCB”) on or about February 10, 2003.
3.
Aqua filed its Petition for Administrative Review ofthe IEPA’s recommendation
with the Illinois Pollution
Control Board on March 14, 2003.
4.
Aqua and the IEPA thereafter engaged in discussions, during which additional
clarifying information about the equipment on Aqua’s petition was exchanged.
During those
THIS FILiNG IS SUBMITTED ON RECYCLED PAPER
-2-
discussions, Aqua indicated that it would not continue to contest the
IEPA’s denial of
certification for the two 2-stage upflow clarifiers and the six rapid-rate gravity dual media filters.
5.
Aqua and the JEPA filed a Joint Statement ofStipulated Facts with the IPCB on
December 4, 2003.
6.
IEPA served an Amended Recommendation on January
5,
2004, which
recommended approval of certification for Aqua’s three 3-million gallon sludge lagoons and its
4-million gallon settling basin.
7.
Since IEPA filed its Amended Recommendation, Aqua has learned that the
remaining contested equipment on its tax certification application (specifically, the nitrate
removal facility, the wet well/storage basin
for ion exchange backwash, and the powdered
activated carbon unit) are excluded from its tax base until 2010, under Illinois tax law regarding
enterprise zones.
8.
In light ofthe above facts, at this time Aqua no
longerwishes to pursue its
petition for administrative review with respect to
the equipment remaining on its petition for
which JEPA has not recommended granting tax certification status.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
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WHEREFORE, Aqua and the IEPA hereby request that the Board enter the attached
Agreed Order, (1) granting tax certification for Aqua’s three 3-million gallon sludge lagoons and
its 4-million gallon settling basin,
and (2) dismissing, without prejudice, Aqua’s petition for
administrative review with respect to its nitrate removal facility, wet well/storage basin for ion
exchange backwash, powdered activated carbon unit, two 2-stage upflow clarifiers, and six
rapid-rate gravity dual media filters, with leave to refile its
application for tax certification with
respect to these facilities in the future.
Respectfully Submitted,
DATED: June 2, 2004
~
arles T.
Wehland
/
Laura M. Earl
Jones Day
77
West Wacker
Suite 3500
Chicago, Illinois
60601-1692
DATED: Juiy~7,2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:________
Connie L.
Tonsor
Bureau ofWater Managing Attorney
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
CONSUMERS ILLINOIS WATER
)
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 03-124
)(Contest-Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AGREED ORDER
Upon the agreement ofcounsel for Aqua Illinois, Inc.
(“Aqua”), formerly Consumers
Illinois Water Company, and the Illinois
Environmental Protection Agency (“IEPA”), the Board
hereby finds and certifies that the three 3-million gallon sludge lagoons and the 4-million gallon
backwash waste settling basin,
as identified in Aqua’s petition for administrative review, are
pollution control facilities as defined in Section
11-10 ofthe Property Tax Code
(35
ILCS
200/11-10 (2003)).
Under Section
11-25 ofthe Property Tax Code, the effective date ofthis
certificate is November 7, 2002, the date ofthe application for the certificate, because the
construction ofthe facility was completed prior to the application.
35 ILCS
200/11-25
(2003);
see also
35
Ill. Adm. Code
125.216(a).
Upon the agreement ofcounsel forAqua and IEPA, the Board hereby dismisses, without
prejudice, Aqua’s Petition for Administrative Review with respect to
all remaining identified
facilities.
Aqua may refile an application for tax certification with respect to these facilities in
the future.
The docket in this matter is closed.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
IT IS SO ORDERED
ENTER:
Hearing Officer
DATE:
_____________
Charles T.
Wehland
Laura M. Earl
Jones Day
77 West Wacker
Suite 3500
Chicago, Illinois
60601
Attorneysfor Aqua Illinois, Inc.
Connie L. Tonsor
Bureau ofWater Managing Attorney
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
CHI-1400250v1
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
