BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Western Creek Farms, LLC - LaHarpe
(property Indentification Number
05-24-300-014)
Clerk
Illinois Pollution Control Board
James
R. Thompson Center.
100 West Randolph Street, Suite. 11-500
Chicago IL
60601
Steve Santarelli
Illinois Department
of Revenue
101 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 ofthe
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 A venue East
Post Office Box 19276
Springfield IL 62794-9276
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
~Q--..o!!!J£~~~I!!'!!I!!!
•
....
~I'
__ _
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 2009-071 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Western Creek Farms, LLC - LaHarpe
(property Indentification Number
05-24-300-014)
)
) 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:~C~~~...l~~~"~dt.~
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 2009-071 * * * * *
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
PO Box 220
Carthage IL 62321
and mailing it from Springfield, TIlinois, 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
th
day of March, 2009
(JJ
otmYPublic
'Aha.
~
.
-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, March 30, 2009
* * * * * PCB 2009-071 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Western Creek Farms, LLC - LaHarpe
(Property Indentification Number
05-24-300-014)
)
) PCB 09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section 125.204
of the regulations of the Illinois Pollution
Control Board,
35 Ill. Adm. Code 125.204.
1.
On December 28, 2007, the Illinois EPA received a request from Gary Donley,
2.
Western Creek Farms, LLC (log number TC-48-07, 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:
Western Creek Farms, LLC
2431
E.
State Highway 9 and 94
LaHarpe IL 61450
The proposed water pollution control facilities in this request are located at
Section 24, T7N,
R6W of the 4th P.M. in Hancock County, at the above street
address and consist
of the following:
Livestock waste management facilities consisting
of two concrete
pits (each
101 ft. x 204 ft. x 8 ft. deep) with six concrete pump out
pits (each 6
ft. x 6 ft. x 8 ft. deep) and the portion of the concrete
slotted flooring over the manure pits. These livestock waste
management facilities are used to collect, transport, and/or store
livestock wastes prior to cropland application.
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, March 30, 2009
* * * * * PCB 2009-071 * * * * *
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 of the Property Tax Code, 35 ILCS 200111-10 (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 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 2009-071 * * * * *
requested tax certification.
Dated: March 30,
2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
-------------------
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave.
E.
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 2009-071 * * * * *
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
P.
SCOTT, DIRECTOR
Memorandum
Ex.A
To:
Connie Tonsor, Division of Legal Counsel
From: Alan Keller, Manager,
Permit Section
V
Date: february 26, 2009
Re:
Western Creek Farms, LLC - LaHarpe
Recommendation
of Tax Certification
Log
# TC-48-07
Property Identification # 05-24-300-014
RECEIVED
DiviSion of Legal Counsel
~AR
1 7 2009
Environmental Protection
Agency
The Bureau of Water received a request on December 28, 2007 from Western Creek Farms, LLC for an Illinois EPA
recommendation regarding the tax certification of water pollution control facilities pursuant to 35 11. Adm. Code
125.204. We offer the following recommendation.
The water pollution control facilities in this request include the following:
Western Creek Farms, LLC
2431 E. State Highway 9 and 94
LaHarpe,IL
61450
Section 24, T7N, R6W of the 4th P.M. in Hancock County
Livestock waste management facilities consisting
of two concrete pits (each 101 ft. x 204 ft. x 8 ft. deep)
with six concrete pump out pits (each 6
ft. x 6 ft. x 8 ft. deep) and the portion of the concrete slotted
flooring over the manure pits. 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 section, and therefore eligible for tax
certification from the Illinois 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 Dan Heacock at 217/782-3362.
SAK:DLWtc-48-07m.doc
cc: Tax Cert File
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (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 2009-071 * * * * *
