ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
     
    OKAWVILLE FARMERS ELEVATOR
    COMPANY (Agrichemical Containment
    Structures The Portion of the Building
    over the Endloader Fertilizer Transfer Area
    (Property Identification Number
    12-06-20-478-013)),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-23
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 11, 2005, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board not certify certain facilities of Okawville Farmers Elevator
    Company as “pollution control facilities” for preferential tax treatment under the Property Tax
    Code (35 ILCS 200/11-5
    et seq.
    (2004)). The disapproved facilities are at Okawville Farmers
    Elevator Company’s agrichemical mixing, loading, and storage facility facility located in
    Washington County. 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 Okawville Farmers Elevator Company’s
    facilities are pollution control facilities.
     
    In the August 11, 2005 filing, the Agency further recommended that the Board certify
    certain other of Okawville Farmers Elevator Company’s facilities as pollution control facilities.
    By an order dated August 18, 2005, the Board certified those separate facilities as recommended
    by the Agency.
     
    tification application from Okawville Farmers
    Elevator Company for the portion of the building over the endloader fertilizer transfer area at
    Okawville Farmers Elevator Company’s agrichemical mixing, loading, and storage facility on
    December 2, 2004. Agency Rec. at 1. On August 11, 2005, the Agency filed a recommendation
    on the application with the Board. The Agency’s recommendation identifies the facilities at
    issue:
     
     
    2
    The portion of the building over the area for endloader transfer of bulk dry
    fertilizer between storage and the blenders measuring 43 feet by 43 feet. Agency
    Rec. at 2.
     
    The Agency’s recommendation also identifies the location of the facilities: Section 20,
    Township 1 South, Range 4 West of the Third Principal Meridian, in Washington 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 (2004)). Agency Rec. at 3.
     
    Okawville Farmers Elevator Company 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 September 12, 2005.
    Okawville Farmers Elevator Company failed to file a petition before the Board within that time.
    Accordingly, consistent with the Agency’s recommendation, the Board declines to certify that
    Okawville Farmers Elevator Company’s facilities are pollution control facilities that are subject
    to preferential treatment under the Property Tax Code. The Board 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) (2004);
    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 October 6, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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