1. PROOF OF SERVICE
      2. THIS FILING IS SUBMITTED ON RECYCLED PAPER
  1. Memorandum
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Kaskaskia Farm Company -- Ashley
(property Indentification Number
09.20-200-002)
Clerk
minois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois
60601
Steve Santarelli
minois Department
of Revenue
101 West Jefferson
Post Office Box
19033
Springfield, Illinois 62794
)
)
PCB 09-
)
(Tax Certification)
)
)
NOTICE
Kaskaskia Farm Company
Bakerville Road
AsWey, IL 62808
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board an APPEARANCE AND THE RECOMMENDATION of the TIlinois
Environmental Protection Agency, a
copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
BY:C~~
'=
.
Chad M. Kruse
Assistant Counsel
Division
ofLegal Counsel
DATED: December 17,2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Kaskaskia Farm Company - Ashley
(property Indentification Number
09-20-200-002)
)
) PCB 09-
) (Tax Certification)
)
APPEARANCE
Thc undersigned, as one of its attorneys, hercby enters an
APPEARANCE
on behalf of Respondent,
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:~C~~~~
Chad M. Kruse
__
Assistant Counsel
Division
of Legal Counsel
DATED: December 17, 2008
Illinois Environmental Protection Agency
102I North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
(2 I7)782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
)
PROOF OF SERVICE
I,
the undersigned, on oath state that I have served the attached
APPEARANCE AND THE
RECOMMENDATION,
upon the person to whom it is directed, by placing a copy in an envelope
addressed to:
Steve Santarelli
Illinois Department
of Revenue
101 West Jefferson
Post Office Box
19033
Springfield, Illinois 62794
Kaskaskia Farm Company
Bakerville Road
Ashley,
IL 62808
and mailing it from Springfield, lllinois,
on December 17, 2008, with sufficient postage
affixed for first class mail.
And electronically, on December 17, 2008 to:
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
SUBSCRIBED AND SWORN TO BEFORE
ME
This 17th day of December, 2008
(J4Md!l~
Notary Public
OFFICIAl. SEAL
DAWN A. HOLLIS
NOTARY PIJBlJC, STATE OF WIOIS
IlV COIMSSION
EXPIRES &-111-2012
++++-3'~~+-:
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Kaskaskia Farm Company -- Ashley
(property Indentification Number
09-20-200-002)
)
) PCB09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section 125.204
ofthe regulations ofthe Illinois Pollution
Control Board,
35 I1l. Adm. Code 125.204.
1.
On November 29,2007, the liJinois EPA received a request from Ken Maschhoff,
Kaskaskia Farm Company (log
number TC-22-07, Exhibit A) for an Illinois EPA
recommendation regarding the tax certification of water pollution control
facilities pursuant to
35 I1l. Adm. Code 125.204.
2.
The applicant's address is:
Kaskaskia Farm Company
Bakerville Road
Ashley, IL 62808
3.
The proposed water pollution control facilities in this request are located at
Section
20, T3S, RIE of the 3"'P.M. in Jefferson County, at the above street address
and consist
of the following:
Livestock waste management facilities consisting
of three concrete
manure pits (each
190
ft.
x 41
ft.
x 8 ft. deep) each with four concrete
pump outs (each 7
ft. x 8
ft.
x 8
ft.
deep) and the slotted concrete portion
of the floor over the manure pits; one concrete manure pit (190 ft. x 41 ft.
x 8
ft.
deep) with four concrete pump outs (each 4.5
ft.
x 5.5
ft.
x 8 ft.
deep) and the slotted concrete portion of the floor over the manure pit;
one concrete manure pit
(190
ft.
x 41
ft.
x 8 ft. deep) with four concrete
pump outs (each 6
ft.
x 5.5 ft. x 8
ft.
deep) and the slotted concrete
portion ofthe floor over
the manure pit.
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *
These livestock waste management facilities are used to collect, transport and/or store
livestock wastes prior
to cropland application., and are further described in Exhibit
A.
4.
Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2006), defines
"pollution control facilities"
as:
"any system, method, construction, device or appliance appurtenant
thereto or any portion
of any building or equipment, that is designed,
constructed, installed or operated for the primary purpose of: (a)
eliminating, preventing, or reducing air or water pollution ...
or (b)
treating, pretreating, modifying or disposing of any potential solid, liquid
or gaseous pollutant which
if released without treatment, pretreatment
modification or disposal might be harmful, detrimental
or offensive to
human, plant or animal life, or to property."
5.
Pollution control facilities are entitled to preferential tax treatment, 35 ILCS
200/11-5.
6.
Based on the information in the application and the purpose of the facilities, it is
the Illinois
EPA's engineering judgment that the described facilities may be
considered "pollution control facilities," pursuant to 35 Ill. Adm. Code
125.200(a), with the primary purpose
of eliminating, preventing, or reducing
water pollution,
or as otherwise provided in 35 TIl. Adm. Code 125.200, and are
eligible for tax certification from the Board.
WHEREFORE, the llIinois EPA recommends that the Board issue the
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
C~".
Chad M. Kruse
~
Assistant Counsel
Division
of Legal Counsel
Dated: December 17, 2008
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *

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Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From:
Al Keller, Manager, Permit Section
Date:
Re:
Kaskaskia Farm Company - Ashley
Recommendation
ofTax Certification
Log # TC-22-07
Property Identification # 09-20-200-002
The Bureau
of Water received a request on November 29, 2007 from Ken Maschhofffor an lllinois EPA
recommendation regarding the tax certification
of water pollution control facilities pursuant to 35
n.
Adm. Code 125.204. We offer the following recommendation.
The water pollution control facilities in this request include the following:
Kaskaskia Farm Company
Bakerville Road
Ashley, IL 62808
Section 20, T3S, R1E
of the 3'.P.M. in Jefferson County
Livestock waste management facilities consisting
of three concrete manure pits (each 190
ft.
x 41
ft. x 8
ft.
deep) each with four concrete pump outs (each 7 ft. x 8 ft. x 8
ft.
deep) and the slotted
concrete portion
of the floor over the manure pits; one concrete manure pit (190 ft. x 41 ft. x 8 ft.
deep) with four concrete pump outs (each 4.5
ft.
x 5.5 ft. x 8 ft. deep) and the slotted concrete
portion
of the floor over the manure pit; one concrete manure pit (190 ft. x 41 ft. x 8 ft. deep) with
four concrete pump outs (each 6 ft. x 5.5
ft. x 8 ft. deep) and the slotted concrete portion of the
floor over the manure pit.
These livestock waste management facilities are used to collect, transport and/or store livestock
wastes prior to cropland application.
These facilities are further described in the enclosed applications and supporting documents.
Based on the information included in this submittal,
it is our engineering judgment that the above
proposed facilities may be considered "Pollution Control Facilities" under 35 lAC 125.200(a), with the
primary purpose
of eliminating, preventing, or reducing water pollution, or as otherwise provided in this
scction, and therefore eligible for tax certification from the lllinois Pollution Control Board. The Bureau
of Water therefore recommends that the Board issue the requested tax certification for these facilities.
If
you have any questions regarding the above, please contact Thaddeus Faught at 2 I7/782-3362.
SAK:TJF:TC-22-07.doc
cc: Tax Cert File
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-041 * * * * *

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