CLERK’S
E
C ~ OFFICE
NOV 0
‘12004
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~ATE
OF
~LUNOIS
Pollution Controa Board
MCLEAN PROPERTIES, LLC
)
(Property Identification Number
)
16-27-34-200-003)
)
Petitioner,
)
PCB 05-
or~
bt-’
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
McLean Properties, LLC.
Illinois Pollution Control Board
Attn.: Ken Maschoff
James R. Thompson Center
7475
State Route 127
100 West Randolph Street, Suite. 11-500
Carlisle, IL 62231
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 ofthe Pollution
Control Board an APPEARANCE AND TIlE RECOMMENDATION ofthe illinois Environmental
Protection Agency, a copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLiNOIS
By:__
ame Allen Day
s stant Counsel
Division ofLegal Counsel
DATED: November 3, 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
REC~jV~~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 042004
MCLEAN PROPERTIES, LLC
)
STATE
OF ~LLINOJS
(Property Identification Number
)
Pollut~onContro’ BoRrd
16-27-34-200-003)
)
Petitioner,
)
PCB 05-~
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf ofthe
Respondent, Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLINOIS
By:____
Jai~nes4l1enDay
As~isIantCounsel
-
Division of Legal Counsel
DATED: November 3, -2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
THIS FILING IS SUBMITI’ED ON RECYCLED PAPER
~CE~VEDCLERK’S
OFFICE
NOV 042004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILlINOIS
MCLEAN PROPERTIES, LLC
)
Pdllut,on Control Board
(Property Identification Number
)
16-27-34-200-003)
)
Petitioner,
)
PCB 05-
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency (“Illinois EPA”) by James Allen
Day, one ofits attorneys, and pursuant to Section 125.204 ofthe Illinois Pollution Control
Board’s (Board) regulations files the following Recommendation regarding the tax certification
ofwater pollution control facilities pursuant to
35
Ill. Adm. Code 125.204.
1)
On July 16, 2004, the Illinois EPA received a request from Kathryn Bradley for an Illinois
EPA recommendation regarding the tax certification of waterpollution control facilities
pursuant to 35 Ill. Adm. Code 125.204, and noted the request as log number TC-21-04.
(Exhibit A)
-
2)
The applicant’s mailing address is: McLean Properties, LLC.
Attn.: Ken Maschoff
7475 State Route 127
Carlisle, IL 62231
3)
The facility’s physical address is:
McLean Properties, LLC.
2492 N.
975
E. Road
McLean, IL 61754
4)
The waterpollution control facilities in this request are located in Section 34, Township
22 North, Range 1 East ofthe 3rd Principal Meridian in McLean County, Illinois at the
above physical address and consist ofthe following:
THIS FILING IS SUBMI11TED ON RECYCLED PAPER
Livestock waste management facilities consisting ofone concrete manure pit
(75
ft. x 368 ft. x 2 ft. deep) with a manure drain pull plug and the slotted concrete
portion ofthe floor over the manure pit in each of two swine wean to finish
buildings; one concrete manure containment basin (225 ft. in diameter x 12 ft.
deep); and approximately 660 feet of 10 inch diameter PVC manure transfer pipe.
5)
These livestock waste management facilities are used to collect, transport, andlor store
livestock wastes prior to cropland application.
6)
Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2000), 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 forthe primary purpose of: (a) eliminating, preventing, or reducing
air or waterpollution
. . .
or (b) treating, pretreating, modifying or disposing ofany
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.”
7)
Pollution control facilities are entitled to preferential tax treatment, 35 IILCS 200/11-5
(2000).
8)
Based on the information in the application and the purpose ofthe facilities (collecting,
transporting andlor storing 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 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. Therefore, the facilities are eligible for tax certification from the
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Board.
9)
Therefore, the Illinois EPA recommends that the Board issue the requested tax
certification.
November 3, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
By:
Illinois Environmental Protection Agency,
Counsel
Division ofLegal Counsel
THIS FILING IS SUBMITJ’ED 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
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
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
Post Office Box 19033
Springfield, illinois 62794
McLean Properties, LLC.
Attn.: Ken Maschoff
7475 State Route 127
Carlisle, IL 62231
and mailing it from Springfield, Illinois on November 3, 2004 with sufficient postage affixed for
first class mail.
-
-
SUBSCRIBED AND SWORN TO BEFORE ME
this third day ofNovember, 2004
o~jO1AIsEAL
CYNTHIA L WOLFE
~:
NOTARY PUBLIC, STATE OF ILLINOIS
MY CQMMIS8IONEXPIRES 3.2O~2QO7
THIS FILING IS SUBMIITED ON RECYCLED PAPER
APPLICATION FOR CERTIFiCATION (PROPERlY TAX TREATMENT)
POLLUTION CONTROL FACILI1Y
NR
WATER
ILLINOIS ENVIRONMENTAL PROTEC1ION AGENCY
P.O. Box 19276, SprIngfield, L 62794-9276
—
This Agency is authorized to request this
infonnationunder illincis Revised Statues, 1979,
a~apter,120, Section 502a~5.Disclosweofthjs
infotmation is vohintssy. However, failure to
coniply could prevent y~ application frona
being processed or could result
in
denial
of
your
application forcertification.
FOR
AGENCY
USE
Füe No.
iate pece~
Ceetificatlon No.
Date
Sec. A
~
~
~
~
Company Name
(\e~L~4~..
~.LLQ
Person Authorized to Receive Certification
Person to Contactfor Additional Details
~8t\ m~t~0cc
3o~O~
Lo~~&~
Street
Mdress
Street Address
7L176
344e ~o~.iA-e
Iai
P4~un1dpality,State & Zip Code
Municipality, State & Zip Code
IL.
(~~3)
Telephdne Number
Telephone Number
(c’l8-5’P1-~I2~
SRnIE
Location of Facility
Municipality
Township
Quarter Section
TownshIp
Range
.~.E
Street Address
County
BookNumber
Nq7b(~4’4‘~~L
~~,1L-
~,i~’s-q‘/Z~1e,a4~-
Property Identification Number
Parcel Number
~o~7’
?~-~DO
-Ot)3
Sec. B
~
~
~
~o
Nabiro of OperationsConducted at the Above Location
~
a-
(gf5~Z~
beo~ ~
~-o ~c’~v~sk4~ac~I+y.
QS~
~
b0~-1-~
o’ ~
?~e.
Water
Pollution Control Construction Permit No.
~
Date Issued
N/il
NPDES PERMIT No. .
r)f’l
Date Issued
E~q*at1onDate
~
AirPollution Control Construction Permit No.
#.i/fl
Date Issued
N/tI
AirPollution Control Operating Permit No.
,,1I~
Date Issued
N/A
Sec. C
01
Pn.
~
Describe Unit Process
Mk~
MaterialsUsedinProcess
~
Sec. D
~1
~
~
• °~
Describe Pollution Abatement Control FaciFity
0
~)
L~(~3B~L~
D
~ø,J
C~OC.~&S.
0
APR
2
.
ILLINOIS ENVIRONMENTAL.
0
PROTECTION AGENCY
BOW/WPC/PERMIT SECTION.
IL 532.0222
APC 151 (Rev. 8/00)
Tor
CertificaiionfirPdb4ion CôntrolFadilhlies
Page! of 2
&vo
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
SW~t. nit~tR~~
sLU~1I~r~c-oft1
lUV\~v1~to.t~
r~s
g
o~
W~A
4~Q~irsh
I-1~~.
(‘
~4z~ 4-~g
roi~v’cr1
~—
a~rori~nt~c
rv~S ‘~,i
or~rice-
t~1i4~+he
~
~
Pcu’..
(2) Point(s)
of Waste Water Discharge
NONE
—
Plans and Specifications
Attached Yes
No x
.1~L
Are
contaminants (or residues) collected by the control facility?
Yes
X
No
(4)
(5)
Date installation completed
t-i -~D
status of installation on date of application f~f~
rt&pI?kQ....
a. FAiR CASH VALUE IF CONSIDERED
REAL
PROPERTY:
$
g
~
oz~
b.
NET
SALVAGE VALUE IF CONSIDERED. REAL PROPERTY:
$
to,
o~
c. PRODUCTIVE GROSS
ANNUAL
INCOME OF
CONTROL
FACILITY:
$
d. PRODUCTIVE NETANNUAL INCOME OF. CONTROL FACILITY:
$
PERCENTAGE CONTROL FACILITY BEARS. TO WHOLE FACILITY VALUE:
q
,,
Sec. F
~‘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.
e
cli
ties claimed herein are. “pollution control
facilities”
as. defined in.section 11-10. of the
z~~Q
. Signature
Title
Sec. G
I\J
INSTRUCTIONS FOR COMPIUNG
AND
FiLING APPUCATION
.
General:
Separate applications
must be
completed
for each control facility
dalmed. Do
not mb’ types
(water
and
air).
Where both
air
and
water operations are
related,
file two applications. if attachments are needed, record then consecutively
on an
Index
sheet
Sec. A
•
Information refers to applicant as listed In the tax records and
the person to be contacted
forfurther details or for inspection
of
facilities.
Define facility
location by
street address
or legal description. A plat map
locatioals.requlredloeifadlitles located
outside of municipal boundaries. The property Identification number is required.
Sec.. B
Self-explanatory. Submit
copies of all permits issued by
local
pollution control agencies. (e.g. MSD Construction
Permit)
Sec. C
Refers
to manufacturing
processes
or materials on
which pollution contrtifadhity Is used.
Sec. D
Narrative description of the pollution control facility, indicating that its primazypurpose Is
to eliminate, prevent or reduce
pollution.
State the
type of control facility.
State permit number, date, and agency Issuing permit A narrative
description
and a process
flow diagram
describing the pollution control facility. Include a listing of each major piece ofequipment Included
In the claimed
~,
fair cash value for reaj property. Include an averane analysis ofthe Influent
and
effluent
ofthe control
fadlity.statlng
the
collection efficiency.
Sec. E
List air contaminants, or water pollution substances released
as
effluents to the manufacturing processes. Listalso
the
final
p
~
~
~
disposal of any contaminants removed from
the
manufacturing processes.
Item (1)-. Refers
to
polutants and contaminants removed from the process
by the
pollution control facility.
Item (2)-
Refersto water pollution but
can apply
to
water-canied wastes from air pollution control facilities. Submitdrawings,
whIch
dearly show (a) Point(s) of discharge to
receMng
stream, and (b) S.awers
aneiprocess.plpingtc and from the control
facility.
Sec. F
Item
(3)—Ifthe
collected
contaminants are disposed of other
than
as wastes, state the disposition ofthe materials, and
the
value
in
dollars
reclaimed by sale or reuse of the collec~dsubstances. State the cost of reclamation and related expense.
Item (4)
—
State the date which the pollution
control
facilitywas
first
placed in
service
and operated. If not, explain.
Item (5)
— This
Information is essential tothe
certification
and assessment actions. This accounting data must be completed to
activate project review
prior
to
certification
by this Agency.
Self-explanatory.
Signature must be a corporate authorized signature.
Submit to:
Attention:
Attention:
.
Ilinois EPA
Thomas McSwiggin
Donald E. Sutton
-
P.O.
Box 19276
Pemilt
Section
Permit Section
Springfield, IL 62794-9276
DMslon ofWater Pollution Control
DMslon of
AirPollutlon
Control
Tax Certtflcailon
for
Pollution Control Facilllior
Page 2 of2
8/00
Sec. E (1) Nature of Contaminants or Pollutants
Material Retained, Captured or Recovered
I
e.
~It~
~J_
~4,~LT~kLA
I2~L&
~~
UJQji~-
40
~‘
~k~I.a~~L)
~
/~~
~
I
-~
I2¼ckep,
CLkQ.
1::~k1(
ptRg~
T~4~
,ke~& ~
b~4~i
.\p~J~
-I
“p
3I~.
~?c~s’~
kMe~.
eor~e~re~4e-
ba~4~Z~
I~’~e~ep.
Flow Diagram ofWaste Handling
6,500
Wean to Finish
Pigs
Swine floor
Back to top
is 100 concrete
Back to top
Slats
Waste is
loaded
into wagons and
brought out to the
injector to be
spread
onto the fields.
AU
concrete
—*
pits under the
slats, 2’
shallow
pits
75’ x 368’
Wase is
pumped
____
from the
pits through 10”
Back to top
PVC pipe to the
Back to top
concrete basin.
Back to top
Waste is injected into
the soil based on rates
determined by soil samples
and the NMP.
--
I
--
--
----
-
