ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    UAP RICHTER-DIXON
    (Property Identification Number
    02-15-07-100-020),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-11
    (Tax Certification - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 23, 2004, the Illinois Environmental Protection Agency (Agency) recommended
    that the Board not certify certain facilities of UAP Richter 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 portions of the building over the minibulk/package agrichemical
    secondary containment structure at UAP Richter’s agrichemical mixing, loading, and storage
    facility at Dixon, in Lee County.
    1
    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 UAP Richter’s facilities are pollution control
    facilities.
     
    In the July 23, 2004 filing, the Agency further recommended that the Board certify
    certain other of UAP Richter’s facilities as pollution control facilities. By an order dated
    August 5, 2004, the Board certified those separate facilities as recommended by the Agency.
     
    The Agency states that it received a tax certification application from UAP Richter for
    portions of the building over the minibulk/package agrichemical secondary containment structure
    at UAP Richter’s agrichemical mixing, loading, and storage facility on December 22, 2004.
    Agency Recommendation (Agency Rec.) at 1. On July 23, 2004, the Agency filed a
    recommendation on the application with the Board. The Agency’s recommendation identifies
    the facilities at issue:
     
    The portion of the building over the minibulk/package agrichemical secondary
    containment structure. Agency Rec. at 2.
     
    1
    The Board assumes that the reference to “Shelby County” in the Agency recommendation is a
    clerical error.
     
    2
    The Agency’s recommendation also identifies the location of the facilities: Section 7, Township
    20 North, Range 10 East of the Fourth Principal Meridian in Lee 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.
     
    UAP Richter 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 27, 2004. The UAP Richter failed
    to file a petition before the Board within that time. Accordingly, consistent with the Agency’s
    recommendation, the Board declines to certify that UAP Richter’s facilities are pollution control
    facilities that are subject to preferential treatment under the Property Tax Code. The Board
    further 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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