RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 30 2004
Chris & Greg Niebrugge
)
STATE
OF
ILLINOIS
(Property Indentification Number
Pollution Control
Board
07-1-23-000-011-000)
)
Petitioner
)
S
)PCB
-.
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
Chris & Greg Niebrugge
Illinois Pollution Control Board
6923 E. 600 Avenue
James R. Thompson Center
Dieterich, Illinois 62424
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
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 Illinois Environmental Protection Agency, a
copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
Vera~ Herst
/L,r
Assistant Counsel
Division of Legal Counsel
DATED: August 27, 2004
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
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERKS OFFICE
Chris & Greg Niebrugge
)
AUG
302004
(Property Indentification Numbers
STATE OF ILLINOIS
07-1-23-000-011-000)
Pollution Control
Board
Petitioner
)
-
)
PCB~0C
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalfofRespondent,
Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
Vera Herst
~W- /‘~‘~
Assistant Counsel
Division of Legal Counsel
DATED: August 27, 2004
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
RECEIVED
CLERICS OFFICE
AUG
302004
BEFORE THE ILLINOIS POLLUTION CONTROL BO4ftThTE OF ILLINOIS
Pollution Control
Board
Chris & Greg Niebrugge
)
(Property Identification Number
)
07-1-23-000-011-000)
)
Petitioner
-
)
PCBS4.
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency (“Illinois EPA”), by Vera Herst, one of its
attorneys, and pursuant to Section 125.204 of the Illinois Pollution Control Board’s (Board) regulations files the
following Recomnendation regarding the tax certification of water pollution control facilities pursuant to 35 III.
Adm. Code 125.204.
1.
On February 25, 2003, the Illinois EPA received a request from Chris and GregNiebrugge for an Illinois
EPA recommendation regarding the tax certification of water pollution control facilities, pursuant to 35111.
Adm. Code 125.204, and noted the request as log number TC-03-03. (Exhibit A)
2.
The applicant’s address is:
Chris and Greg Niebrugge
6923 E. 600 Avenue
Dieterich, IL 62424
3.
The proposed water pollution control facilities in this request are located at: Section 23, T6N, R13W of the
2n~
P.M. in Crawford County, at the above street address and consist of the following:
Livestock waste management facilities consisting of one concrete manure pit (66 ft. x 114 ft. x 8
ft. deep) with three 66 ft. x 8
ft.
deep concrete walls inside the pit, the slotted concrete portion of
the floor over the manure pit, and four pump out areas (4 ft. x 4 ft. x 8
ft.
deep) located in each of
the two swine isolation buildings.
(These facilities are further described in Exhibit A.)
4.
Section 11-10 of the Properly Tax Code, 35 ILCS 200/11-10(2002), defines “pollution control facilities”
as: “any system, method, construction, device or appliance appurtenant thereto or any portion ofany
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 ifreleased 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 (2002).
THIS FILING IS SUBMITTED ON RECYCLED PAPER
6.
Based on the information in the application and the purpose of the facilities, which is to collect, transport
and/or store livestock wastes prior to cropland application., it is the Illinois EPA’s engineering judgment
that the described facilities may be considered “pollution control facilities,” pursuant to 35 111. Adm. Code
125.200(a), with the primary purpose of eliminating, preventing, or reducing water pollution, or as
otherwise provided in 35111. Adm. Code 125.200. Therefore, the facilities are eligible for tax certification
from the Board.
7.
Therefore, the Illinois EPA recommends that the Board issue the requested tax certification.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
~
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED: August 27, 2004
-
Illinois Environmental Protection Agency
1021 North GrandAvenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
)
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:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(first class mail)
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
(first class mail)
Chris & Greg Niebrugge
6923 E. 600 Avenue
Dieterich, Illinois 62424
(first class mail)
and mailing it from Springfield, Illinois on August 27, 2004, with sufficient postage affixed as indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
this
27th
day of August, 2004
O&7
a
-
OFFICIAL SEAL
CYNThIA L. WOLFE
~ NOTARY PUBLIC, STATE OF IWNOIS
±
MY
COMMISSION
EXPIMS 2~a92OO7
+e,’~++t+++s+sisis
Notary Public
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Watershed Unit Tax Certification Review Sheet
Project Name:
Reviewer:
Log No.:
Applicant:
DkA~rèG
k
/3°/oH
0 Agchern
Livestock
Contact:
Grc~
~
Phone:
____________________
Facility:
Ckk 4
(2(’$
i’J:Lbrtc
(0’1a3
p. (~10a
4~’
Di.,*.otitk, 1-L
(a2M1M
-____
PropertvlD: O7(—23_000_t11_000
Legal
Description:
Date Control
Devices Installed:
Signature:
Wastes:
Physical Description of Pollution Control Devices:
M
eatk
~
a-
hMUIt
bnt
four
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114
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Other:
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fll-.~iA,,cp~F-
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Location:
Date:
Type:
Grt~
~JiebNy.)e_-
~W1 N,
c~,n4er
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(~2’u-’4
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County:
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ti~AcAb-i
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bn~
Provided
Fair Cash
Value:
~Livestock waste is applied to cropland.
o Agrichernical
rinsate
and
spillage is recycled
through
the facility and/or
O
Other:
-
QOO
Title:
land applied.
Illinois EPAExhIbItNO, 4
—
APPLICATION FOR CERTIFICATION (PROPERTY
TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIRfl
WATER
D
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. 0. Box 19276, Springfield, IL 62794-9276
—
ThTh_ITh~
L23
This
Agcrtv is autho~zed
to
reque~ this
thfonnaoon under IllinoLs Revised Statues, 1979,
Chapter. 20. Section 502a-5. Disclosureofthis
informanon is voluntary. However, failure to
comply could prevent your application from
being processed or wuld result in denial ofyour
application for certification.
FOR AGENCY USE
Fde No.
Date ReceWed
Certification No.
Date
Sec. A
.
~
~
~
CompanyName
-
-
Chr,c.
Pcl-r104
ILehrt\n~caQ
Q&.q
Jj,ehjrL)cjOQ.
Person Authorized’t6 Receive Certifrà~Jion
Persotgto Contact for~d~itiopaIDetails
C’rec~~U.r4.wt\c-ync\
C’rer; fliphn
Street-hddress
.‘
Street kdress
Municipality,
3~O
b3.
State
(cn’t&r
& Zip Code
S~m?acf
M
32Onicipality,tiState
Ce~&~
& Zip Code
ct~~t
D,ei—er,cI’~
:r( (~A~-/~4
rCterIr~\ LI.
4~qac4
Telephone Number
Telephone Number
Location of Facility
Municipality
Township
Quarter Section
Township
Range
Q3
iUccØ~
i’S &~eç~
lflartk,C
Street Address
-
County
Book Number
~,Qc~3 E.
GOO tRi’
Property Identification Number
Parcel Number
Sec. B
(7--I3-K~--OIi--ctit
~
~
~
1°
Nature of Operations Conducted at the Above Location
-
~
Pc~~o,~:
-
Wa~cPollution Control Construction
Permit No.
Rj4
Date Issued
NPDES PERMIT No.
~
Date Issued
ExD~edonDate
Air Pollution Control Construction Permit No.
iUa~t
Data Issued
Air Po1~tin
Control
Operating Permit No.
Date Issued
Sec.
C
~
~
~
~
Describe Unit Process
..—,
I
t~D ,~ /13 A
V
Qs~p
~
R~&?~tt~ CCSt2.fl~
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~‘~-~-
~
MaterialsUsedinFj-ocess
-C
aLNg —
qI3fl
QOnLC’tth... cI0±P
-
g~’
/QtS
x La’
coitc’tcZ~.
Rec~ems
~
ciLc~
4
pnojucce
As
~tbo-uQ
Sec. 0
d~
~
~
G
~
Describe Pollution Abatement Control Facility
.
,\
iIj.i
k
:‘~-~‘
IL
532-0222
,4a.j,vvl.~tIV VIRONMENTAL
Ts~
C#*ndonfflfOf~77U/,fbm
~
SECTION
-I
-
~
.
AEC
151
(Rev. 8/00)
-
-J
U
U-
-J
0
—
2
0
0
2
0
I—
-J
-J
0
0-
7cr Cntrficrnion for Polhaion
Control Faciliuie,
Page 2q12
8/00
Sec. E
(1)
Nature
of
Contaminants or Pollutants
0,
2
2
2
0
0
-C
0
2
—
2
0
0
0
-C
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
(~cY~~
t’~cok4
~
U~
‘r-i~r,j~,
J2)_Point(s)_ofWaste_Water_Discharge
?ic_¶_* ~
-/-t-’ be c yp
i~rk
srt__(ca-cr A
-
Plans and Specifications Attached Yes tj
No
~j
Are contaminants (or residues) collected by the control facility?
Yes tj
No
(4)
Date installation completed
~ 1
of installation on date of application
L2.2r
(5)
a. FAIRCASHVALUEIFCONSIDEREDREALPROPERTY:
sf469
acc’ cc\
b. NETSALVAGEVM.UEIFCONSIDEREDREALPROPERTY:
$c~y~
ccc’.
O
(m
c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACIUTY:
$
~
- ~
cc. r’
o
d. PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:
$ 3 q ~
-
e.
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACIUTY VALUE:
Sec.
F
The following information is submitted in accordance with the Illinois Property Tax Code, as amended, and to the best of my
knowledge, is true and correct. The facilities claimed herein are pollution control facilities” as defined in Section 11-10 of the
-
~
~
Illinois Property Tax Code.
Z7~
o-qa--~
-
Signatt4~)
U
Title
Sec.
3
INSTRUCTIONS
FOR COMPIUNG AND FILING APPLICATION
General:
Separate applications must be completed for each control facility claimed. Do not mix types (water and air). Where both air and
water operations are related, file two applications. If attachments are needed, record thorn consecutively on an index sheet.
Sec. A
Sec.
B
Sec. C
Sec. 0
information refers to applicant as listed in the tax records and the person to be contacted for further details or for inspection of
facilities. Define facility location by steet address or legal descziption. A plat map location Is required for facilities I~ted
outside of municipal boundaries. The property Identification number is requred.
Self-explanatory. Submit copies of al permits issued
by
local pollution control agencies. (e.g.
MSD
Construction Permit)
Refers to manufacturing processes or materials on which pollution
control
faci~tyis used.
Narrative descr~bonof the pollution control facility, Indicating that its primary purpose is to ~bminate.prevent or reduce pollution.
State the type of control facility. State permit number, date, and agency issuing permit. A narrative deseription and a process
flow diagram describing the oolluticn control fa~itv.lndude a listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an average analysis ofthe influont and effluent of the control facility stating the
collection efficiency.
Sec. E
List air contaminants, or water pollution substances released as effluents to the manufacturing processes. list also the final
disposal of any contaminants removed froni the manufacturing processes.
Sec.
F
Item (1)- Refers to pollutants and contaminants removed from the process by the poliution control facility.
Item
(2)-
Refers to water pollution but can apply to water-canied wastes from air pollution control facilities. Submit drawings,
wttlch clearty show (a) Point(s) of distharge to receiving stream, and (ti) Sewers and process piping to and from the control
facility.
Item (3) —If the collected contaminants are disposed of other than as wastes, state the disposition of the materials, and the value
In dollars reclaimed by saleor reuse of the collectd substances. State the costof redarnatiori and related expense.
Item (4)
—
State the date which the pollution control facility was first placed in service and operated. If not, explain.
Item (5) —This information is essential to the certification and assessment actions. This accounting data must be completed to
activate project review prior to certificalion by this Agency.
Self
-explanatory. Signature must be a corporate authorized signature.
-
Submit to:
Mention:
Altention:
-
-
-
Illinois EPA
Thomas Mcswiggin
Donaki E. Sutton
-
P.O. Box 19276
Pwrüt Section
PermitSection
Springfield, IL 62794-9276
OM~onof Water Pollution Control
OMsion ofAir PoRution Control
r)
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