1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      3. PROOF OF SERVICE
  1. Memorandum
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Timberline, LLC - Rushville
(Property Indentification
Number
10-009-009-50)
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
1
00 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 lllinois
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
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By (11.. AM.
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 2009-070 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Timberline, LLC - Rushville
(Property Indentification Number
10-009-009-50)
)
) 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:~(J-';"'~~A...o!!I*""'h-"';O~
___ _
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 2009-070 * * * * *
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, 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
th
day of March, 2009
OFFICIAL SEAL
DAWN A. HOLLl8
ImARV
PUBLIC, STATE OF IWNOI8
MY COMMI88ION EXPIRES
8-1~2012
~~ ~
0 0 •
~ ~O>oOooOo+oa-c'oOoO>
THIS FILING IS SUBMITTED
O~··iECYCLED
PAPER
Electronic Filing - Received, Clerk's Office, March 30, 2009
* * * * * PCB 2009-070 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Timberline, LLC - Rushville
(Property Indentification
Number
10-009-009-50)
)
) 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.
Timberline, LLC (log number TC-46-07, 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:
Timberline, LLC
1700 E. 1900 N
Rushville IL 62681
The proposed water pollution control facilities in this request are located at
Section 12, T3N, R2W
of the 4th P.M. in Schuyler County, at the above street
address and consist of the following:
Livestock waste management facilities consisting of one concrete pit (80 ft. x
168
ft. x 10ft. deep) with six concrete pump out pits (each 4 ft. x 4 ft. x 10ft.
deep) and the portion of the plastic slotted flooring over the manure pit in
Building #
1; one concrete pit (76 ft. x 636 ft. x 10 ft. deep) with sixteen
concrete pump out pits (each 4
ft. x 4 ft. x 10 ft. deep) and the portion of the
concrete slotted flooring over the manure pits in Building # 2; one concrete pit
(76 ft. x 636 ft. x 10 ft. deep) with sixteen concrete pump out pits (each 4 ft. x 4
ft. x 10ft. deep) and the portion of the concrete slotted flooring over the manure
pits in Building
#
3; one concrete pit (76 ft. x 737 ft. x 2 ft. deep) and the portion
of the plastic and cast iron slotted flooring over the manure pit in Building
#
4;
and approximately
50 ft. of 8 inch diameter PVC manure transfer piping. These
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, March 30, 2009
* * * * * PCB 2009-070 * * * * *
livestock waste management facilities are used to collect, transport, and/or store
livestock wastes prior to cropland application.
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
200111-5.
6.
Based on the information in the application and the purpose ofthe facilities, it is
the Illinois
EPA's engineering judgment that the described facilities maybe
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 2009-070 * * * * *
requested tax certification.
Dated: March
30, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
By:
~(J~~~~+---.A
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 2009-070 * * * * *
£)(. A
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.
SCOTI, DIRECTOR

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Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From, Alan Keller, Manager, Permit Section
~
RECEIVED
Date:
f~Bruary
26, 2009
Re:
Timberline, LLC - Rushville
Recommendation
of Tax Certification
Log
# TC-46-07
Property Identification # 10-009-009-50
Division of Legal Counsel
MAR 1 7
2009
Environmental Protection
Agency
The Bureau of Water received a request on December 28, 2007 from Timberline, 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:
Timberline,
LLC
1700 E. 1900 N
Rushville,
IL 62681
Section 12, TIN, R2W of the 4th P.M. in Schuyler County
Livestock waste management facilities consisting
of one concrete pit (80 ft. x 168 ft. x 10 ft. deep) with six
concrete pump out pits (each 4
ft. x 4 ft. x 10ft. deep) and the portion of the plastic slotted flooring over
the manure pit
in Building # 1; one concrete pit (76 ft. x 636 ft. x 10ft. deep) with sixteen concrete pump
out pits (each 4
ft. x 4 ft. x 10ft. deep) and the portion of the concrete slotted flooring over the manure pits
in Building # 2; one concrete pit (76 ft. x 636 ft. x 10 ft. deep) with sixteen concrete pump out pits (each 4
ft. x 4 ft. x lOft. deep) and the portion of the concrete slotted flooring over the manure pits in Building # 3;
one concrete pit (76 ft. x 737 ft. x 2 ft. deep) and the portion of the plastic and cast iron slotted flooring
over the manure pit
in Building # 4; and approximately 50 ft. of 8 inch diameter PVC manure transfer
piping. 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 othelWise 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
2171782-3362.
SAK:DLHltc-46-07m.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 2009-070 * * * * *

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