ILLINOIS POLLUTION CONTROL BOARD
August 5, 2004
DENNIS EUGENE BATTY-
DAVIS JCT. (Property Identification
Number 11-13-400-002),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 05-10
(Tax Certification - Water)
ORDER OF THE BOARD (by J.P. Novak):
On July 22, 2004, the Illinois Environmental Protection Agency (Agency) recommended
that the Board certify certain facilities of Dennis Eugene Batty at its Davis Junction, Ogle
County site 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). In this order, the Board describes the
legal framework for tax certifications, discusses the Agency’s recommendation, and certifies that
Dennis Eugene Batty’s facilities are pollution control facilities.
LEGAL FRAMEWORK
Under the Property Tax Code, “[i]t is the policy of this State that pollution control
facilities should be valued, at 33
⅓
% of the fair cash value of th eir economic productivity to their
owners.” 35 ILCS 200/11-5 (2002);
see also
35 Ill. Adm. Code 125.200(a)(2). “For tax
purposes, pollution control facilities shall be certified as such by the Pollution Control Board and
shall be assessed by the Department [of Revenue].” 35 ILCS 200/11-20 (2002);
see also
35 Ill.
Adm. Code 125.200(a).
Under Section 125.202 of the Board’s procedural rules, a person may submit an
application for tax certification to the Agency. 35 Ill. Adm. Code 125.202. If the Agency
receives a tax certification application, the Agency must file with the Board a recommendation
on the application, unless the applicant withdraws the application. 35 Ill. Adm. Code 125.204(a).
Among other things, the Agency’s filing must recommend that the Board issue or deny tax
certification. 35 Ill. Adm. Code 125.204(a)(4). If the Board finds “that the claimed facility or
relevant portion thereof is a pollution control facility . . ., the Pollution Control Board . . . shall
enter a finding and issue a certificate to that effect.” 35 ILCS 200/11-25 (2002);
see also
35 Ill.
Adm. Code 125.216(a).
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AGENCY RECOMMENDATION
The Agency states that it received a tax certification application from Dennis Eugene
Batty for its Davis Junction site on December 27, 2002. Agency Recommendation (Agency
Rec.) at 1. On July 22, 2004, the Agency filed a recommendation on the application with the
Board. The Agency’s recommendation identifies the facilities at issue:
Livestock waste management facilities consisting of one concrete manure pit (40 ft. x 200
ft. x 8 ft. deep) with four concrete pump-out pits (5 ft. x 6 ft. x 8 ft.) and the concrete
slotted portion of the flooring over the manure pit in one swine building; one concrete
manure pit (51 ft. x 193 ft. x 8 ft. deep) with five concrete pump-out pits (5 ft. x 6 ft. x 8
ft.) and the concrete slotted portion of the flooring over the manure pit in one swine
building; one concrete manure pit (24 ft. x 56 ft. x 6 ft. deep) with two 10-inch PVC
pump-out ports and the concrete slotted portion of the flooring over the manure pit in one
swine building; two concrete gutters (one 10 ft. x 52 ft. x 1 ft. deep and one 8 ft. x 52 ft. x
1 ft. deep) and the wire portion of the flooring over the manure gutters; one concrete
gutter (2 ft. x 20 ft. x 1 ft. deep) with approximately 17.67 feet of 10-inch PVC manure
transfer pipe; one concrete manure pit (11 ft. x 105 ft. x 8 ft. deep) with four 10-inch
PVC pump-out ports and the concrete slotted portion of the flooring over the manure pit
in one swine building. Agency Rec. at 2.
The Agency’s recommendation also identifies the location of the facilities: Section 13,
Township 42 North, Range 1 East of the Third Principal Meridian in Ogle County.
Id.
at 1.
The Agency recommends that the Board certify 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)) because the primary purpose of the facilities is eliminating, preventing, or reducing
water pollution. Agency Rec. at 3.
TAX CERTIFICATE
The Board finds and certifies that Dennis Eugene Batty’s facilities identified in this order
are pollution control facilities under the Property Tax Code (35 ILCS 200/11-10 (2002)). Under
Section 11-25 of the Property Tax Code, the effective date of this certificate is “the date of
application for the certificate or the date of the construction of the facility, which ever is later.”
35 ILCS 200/11-25 (2002);
see also
35 Ill. Adm. Code 125.216(a). Section 125.216(d) of the
Board’s procedural rules states that the Clerk “will provide the applicant and the Agency with a
copy of the Board’s order setting forth
the Board’s findings and certificate, if any
.” 35 Ill. Adm.
Code 125.216(d) (quoting in italics 35 ILCS 200/11-30 (2002)). The Clerk therefore will
provide Dennis Eugene Batty and the Agency with a copy of this order.
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.
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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 August 5, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
