BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
THIS FILING IS SUBMITTED ON RECYCLED PAPER

Memorandum
Ex. A

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Pinnacle Genetics, LLC - Colchester

(Property Indentification Number

10-000-26-00)

Clerk

Illinois Pollution Control Board

James

Thompson Center

100 West Randolph Street, Suite. 11-500

Chicago IL 60601

Steve Santarelli

Illinois Department

of Revenue

10 1 West Jefferson

Post Office Box 19033

Springfield IL 62794

)

) PCB 09-

) (Tax Certification)

)

NOTICE

Gary Donley

PO Box 220

Carthage IL 62321

PLEASE TAKE NOTICE that I have today filed with the Office ofthe 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.

DATED: March 30,2009

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield IL 62794-9276

(21,7) 782-5544

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILLINOIS

BY~

.....

Chad M. Kruse

Assistant

Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Pinnacle Genetics, LLC - Colchester

(Property Indentification Number

10-000-26-00)

)

) PCB 09-

) (Tax Certification)

)

APPEARANCE

The undersigned, as one of its attorneys, hereby enters an

APPEARANCE

on behalf of Respondent,

Illinois Environmental

Protection Agency.

DATED: March 30, 2009

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield IL 62794-9276

(217)782-5544

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

Chad

C~.M.d

M. Kruse

Assistant Counsel

Division

of Legal Counsel

THIS FILING IS SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

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 IL 62794

Gary Donley

POBox 220

Carthage IL 62321

and mailing it from Springfield, lllinois, on March 30, 2009, with sufficient postage

affixed for first class mail.

And electronically, on March

30, 2009 to:

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite. 11-500

Chicago IL 60601

SUBSCRIBED AND SWORN TO BEFORE ME

This 30

day of March, 2009

~aiktL

otary Public

THIS FILING IS SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Pinnacle Genetics, LLC - Colchester

(Property Indentification

Number

10-000-26-00)

)

) PCB 09-

) (Tax Certification)

)

RECOMMENDATION

The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its

Recommendation pursuant

to Section 125.204 of the regulations ofthe Illinois Pollution

Control Board,

35 Ill. Adm. Code 125.204.

On September 3, 2008, the Illinois EPA received a request from Gary Donley,

Pinnacle Genetics, LLC (log number TC-47-07, Exhibit A) for an Illinois EPA

recommendation regarding the tax certification of water pollution control

facilities pursuant to

35 Ill. Adm. Code 125.204.

The applicant's address is:

Pinnacle Genetics, LLC

3131 N

600

Colchester, IL 62326

The proposed water pollution control facilities in this request are located at

Section

3, T4N, R4W of the 4th P.M. in McDonough County, at the above street

address and consist of the following:

Livestock waste management facilities consisting

of one concrete manure pit (75

ft. x 518 ft. x 2 ft.) and the slotted plastic and cast iron floor over the manure pit in

building #

1; one concrete manure pit ( 77 ft. x 480 ft. x 10ft.) and the steel

reinforced concrete slat floor over the manure pit and

12 pump outs pits ( 6 ft. x 6

ft. x 10 ft.) in building #2; one concrete manure pit (77 ft. x 512 ft. x 10 ft.) and

the steel reinforced concrete slat floor over the manure pit and

12 pump out pits (6

ft. x 6 ft. x 10 ft.) in building #3; and approximately 100 ft. of8-inch diameter

PVC manure transfer pipe. These livestock waste management facilities are used

THIS FILING SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

to collect, transport and/or store livestock wastes prior to cropland application,

and are further described in Exhibit

Section 11-10 of the 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.

Pollution control facilities are entitled to preferential tax treatment, 35 ILCS

200/11-5.

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 Ill. Adm. Code 125.200, and are

eligible for tax certification from the Board.

WHEREFORE, the Illinois EPA recommends that the Board issue the

THIS FILING SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

requested tax certification.

Dated: March

30,2009

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY

By:

---""'-a

____

K.~_4.-.

~'-=...."..._"

Chad M. Kruse

Assistant Counsel

Division

of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Ave.

P.O. Box 19276

Springfield, Illinois 62794-9276

2171782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *

To:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH GRAND AVENUE EAST,

P.O. Box 19276,

SPRINGFIELD, ILLINOIS

62794-9276 - (217) 782-2829

JAMES R. THOMPSON CENTER,

100

WEST RANDOLPH, SUITE

11-300,

CHICAGO, IL

60601 - (312) 814-6026

ROD R. BLAGOJEVICH, GOVERNOR

DOUGLAS

SCOTT, DIRECTOR

Memorandum

Ex. A

Connie Tonsor, Division of Legal Counsel

RECIE~VIED

From: Al Keller, Manager, Permit Section

PIC--

Date: February 26, 2009

i)ivision

of Legal Counsel

MAR 1 7 2009

Re:

Pinnacle Genetics, LLC - Colchester

Recommendation

of Tax Certification

Log

# TC-4 7 -07

:nvironmental

Protection

Agency

Property Identification

10-000-26-00

The Bureau of Water received a request on September 03,2008 from Gary Donley for an Illinois EPA

recommendation regarding the

tax

certification of water pollution control facilities pursuant to 35 II.

Adm. Code 125.204. We offer the following recommendation.

The water pollution control facilities in this request include the following:

Pinnacle Genetics,

LLC

3131 N 600th Rd

Colchester, IL 62326

Section 3, T4N, R4W of the 4th P.M. in McDonough County

Livestock waste management facilities consisting of one concrete manure pit (75 ft. x 518

ft. x 2 ft.)

and the slotted plastic and cast iron floor over the manure pit in building # 1 ;

one concrete manure pit ( 77 ft. x 480 ft. x 10ft.) and the steel reinforced concrete slat

floor

over the manure pit and 12 pump outs pits (6 ft. x 6 ft. x 10 ft.) in building #2; one

concrete manure pit (77 ft. x 512 ft. x 10ft.) and the steel reinforced concrete slat floor

over the manure pit and 12 pump out pits (6 ft. x 6 ft. x 10 ft.) in building #3; and

approximately 100 ft. of 8-inch diameter PVC manure transfer pipe.

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

ROCKFORD - 4302 North Main Street, Rockford, IL 611 03 - (815) 987.7760

•

DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000

ELGIN - 595 South State, Elgin, IL 60123 - (847) 608.3131

•

PEORIA - 5415 N. University St., Peoria, IL 61614 - (309) 693.5463

BUREAU OF LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462

•

CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800

COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120

•

MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200

PRINTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, March 30, 2009

* * * * * PCB 2009-072 * * * * *