AQUA ILLINOIS, INC. v. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
In response to a joint motion, the Board granted parties’ motion to dismiss the petition for administrative review with regard to petitioner’s 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 the application for tax certification in the future with regard to those facilities. The Board certified that the remaining specified facilities of Aqua Illinois, Inc. located in Vermilion County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
purposes, pollution control facilities shall be certified as such by the Pollution Control Board andshall be assessed by the Department [of Revenue].” 35 ILCS 200/11-20 (2002); see also 35 Ill.
The
effective date of a certificate shall be the date of the application for the certificate or the date ofthe construction of the facility, whichever is later.” 35 ILCS 200/11-25 (2002); see also 35 Ill. at 3.On March 14, 2003, Aqua filed a Petition for Administrative Review contesting theAgency’s recommendation...
Allowed
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