BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDCLERKS
OFFICE
MAR 17 2O~5
Vincent Berghower
)
(Property Indentification Number
)
STATE OF ~LL~N0~S
90-13-06-200-008)
)
PoIlut~onContro’ board
)PCBO5-
)
(Tax Certification)
NOTICE
Dorothy
M.
Gunn, Clerk
Vincent Berghower
Illinois Pollution Control Board
9610 N.
1300th
Street
James R. Thompson Center
Newton, Illinois 62448
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
PLEASE
TAKE
NOTICE that I
have today filed with the Office of the Clerk ofthe
Pollution Control Board
an APPEARANCE
AND
THE RECOMMENDATION
of the Illinois
Environmental Protection Agency, a copy of which is herewith served upon you.
ENVTRONMENTAL PROTECTION AGENCY
-
OF THE STATE OF ILLINOIS
By:
____________________
Vera Herst
Assistant Counsel
Division ofLegal Counsel
DATED: March 16, 2005
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 627.94-9276
(2 17)
782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR
17 2~5
Vincent Bergkower
)
STATE
OF ~LL~NOiS
(Property Indentification Number
.
)
Poflution Contro~Board
90-13-06-200-008
)
)PCBO5-
)
(Tax Certification)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an
APPEARANCE
on behalf ofRespondent,
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:_____________________
Vera Herst
Assistant Counsel
Division ofLegal Counsel
DATED~March 16, 2005
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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIcLERK’s
OFFICE
Vincent Berghower
)
.
~
17 20C5
(Property Identification Number
)
PCB 05-
(~
STATE OFiLUNO~S
90-13-06-200-008)
)
(Tax Certification)
Po~ut~onContro’ Beard
)
RECOMMENDATION
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby files its
Recommendation pursuant to Section 125.204 ofthe regulations ofthe Illinois Pollution
Control Board, 35 Iii. Adm. Code
125.204.
1.
On January 5, 2005, the Illinois EPA received a request from Vincent Berghower
(log number TC-0l-05, Exhibit A) for an Illinois EPA recommendation regarding
the tax certification ofwater pollution control facilities pursuant to 35 Iii. Adm.
Code 125.204.
-
2.
The applicant’s address is:
Vincent Berghower
9610 N. 1300th Street
Newton, Illinois 62448
3.
The proposed waterpollution control facilities in this request are located at
Section 6,T6N, R1OE ofthe 3rd P.M. in Jasper County, at the above street
-
address and consist ofthe following:
Livestock waste management facilities consisting ofone concrete manure
pit (40 ft. x 212 ft. x 6 ft. deep) with the concrete slotted portion ofthe
flooring over the manure pit in one swine building and one concrete
manure pit (40 ft. x 128 ft. x 6 ft. deep) with the concrete slotted portion of
the flooring over the manure pit in one swine building.
These livestock waste management facilities are used to collect, transport, andlor
store livestock wastes prior to croplãnd application, and are further described in
Exhibit A.
THIS FILING SUBMITTED ON RECYCLED PAPER
4.
Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2004), 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, orto 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 ofthe 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
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
___________
Vera Herst
Assistant Counsel
Division ofLegal Counsel
Dated: March 16, 2005
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
P.O. Box 19276
Springfield, Illinois 62794-9276
-
217/782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
)
STATE OF ILLINOIS
)
)
COUNTY OF SATNGAMON
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached APP~EARANCE 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
Vincent Berghower
James R. Thompson Center
9610 N.
1300th
Street
100 West Randolph Street, Suite. 11-500
Newton, Illinois 62448
Chicago, Illinois 60601
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
-
Post Office Box 19033
Springfield, Illinois 62794
and mailing it from Springfield, Illinois, on March 16, 2005, with sufficient postage
. . -
affixed for first class mail~
-
~
12~~
SUBSCRIBED AND SWORN TO BEFORE ME
this
16th
day ofMarch, 2005
:~:
-
:i:
CYNTH~L~WOLFE
__________________________
L
otary Public
THIS
FILING
IS SUBMITTED ON RECYCLED PAPER
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Description ofPollution Connoi Devices:
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APPLICATION FOR CERTIFICATION (PROPERTY
TAX
TREATMENT)
This Agency is authorized to request this
POLLUTION CONTROL FACILITY
information under Illinois Revised Statues, 1979,
AIR ~
WATER
Chapter, 120, Section 502a.5. Disclosure ofthis
information is voluntary. However, failure to
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
comply could prevent your application from
P. 0. Box 19276, Springfield, IL 62794-9276
being processed or muld result in denial of your
application for certification.
FOR AGENCY USE
File No.
Date Received
Certification
No.
Date
Sec. A
~
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Company Name
Person Authorized to Receive Certification
Person to Contact for Additional Details
Street
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Address
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Street Address
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Municipality, State & Zip Code
Municipality, State & Zip Code
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Telephone Number
Telephone Number
Location
1”iic-5S~3
of Facility
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Municipality
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Township
Quarter Section
Township
Range
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Street Address
County
Book Number
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Property Identification Number
Parcel Number
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Sec. B
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Nature of Operations Conducted at the Above Location
Water
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PollutionControl
Fi’
Construction
1vi/s,4i”,
Permit
3
No.
.
Date Issued
NPDES PERMIT
No.
.
Date Issued
Expiration
Date
.
Air Pollution Control Cot~tructionPermit
No.
Date Issued
-
Air Pollution Control Operating Permit No.
Date Issued
-
Sec. C
I
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.
Describe Unit Process
-
Materials Used in Process
ILLINOIS
JAN032
ENVIRONME~AL
005
PROTECTION
AGENCY
ROW!WPC!PERM!T SECTIC’.
Sec. D
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Describe Pollution Abatement Control Facility
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IL 532-0222
Tax certffication for Pollution control Facilities
APC 151 (Rev. 8/00)
Pagelof2
8/00
Sec. E
(-1) Nature of Contaminants or Pollutants
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Tax
Cerr(/icationfor Pollution Control Facilities
Page 2of2
8/00
I
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Contaminant or Pollutant
111
A.L4J,/A~1’
DESCRIPTION
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DISPOSAL OR USE
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Material Retained, Captured or Recovered
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(2) Point(s) of Waste Water Discharge
—
Plans and Specifications Attached Yes
No
Are contaminants (or residues) collected by the control facility?
Yes
K
No
(4)
Date installation completed
of installation on date of application
(5)
a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
-
—
b. NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:
$
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—
c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
A//~,0
7
-
d. PRODUCTIVE NETANNUALINCOMEOFCONTROLFACILITY:
-
$
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-
e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY 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.
~iw~-~-~-7
-
-
Signature
-
Title
--
-
Sec. G
INSTRUCTIONS FOR COMPILING 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 attachmentsare needed, record them consecutivelyon an index sheet.
Sec. A
Information refers to applicant as listed in the tax records and the person to be contacted-foifurther details or for inspection of
facilities. Define facility location bystreet address orlegal description. A plat map location is required forfacilities 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 Constnjction Permit)
Sec. C
Refers to manufacturing processes or materials on which pollution control facility is used.
Sec. D
-
-
~
~
Narrative description of the pollution control facility, indicating that its primary purpose-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 nollution control facility. Include a listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an averacie analysis of the influentand effluentof the control facility stating the
,~,
collection efficiency.
-
Sec. E
List air contaminants, or water pollution substances released as effluents to the manufacturing processes. Ust also the final
i~
~
~
~
disposal ofany contaminants removed from the manufacturing processes.
Item (1)— Refers to pollutants and contaminants removed from the processby the poilutiori controifac~9ty.
Item (2)— Refers to water pollution but can apply to water-carried wastes from air pollution control facilities. Submit drawings,
which clearlyshow (a) Point(s) of discharge to receiving stream, and (b) Sewers and process piping to and from the control
facility.
-
•
Sec. F
Item (3)
—
If the collected contaminants are disposed ofother than as wastes, state the disposition of the materials, and the value.
in dollars reclaimed by sale or reuse of the coIlec~dsubstances. State the cost of reclamation 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)
—
Thjs information is essential to the certification and assessment actions. This accounting data must be completed to
activate projectreview prior to certification by this Agency.
-
Self-explanatory. Signature must be a corporate authorized signature.
-
Submit to:
Attention:
-
Attention:
-
Illinois EPA
Thomas McSwiggin
Donald E. Sutton
-
-
P.O. Box 19276
Permit Section
Permit Section
Springfield, IL 62794-9276
Division of Water Pollution Control
Division ofAir Pollution Control
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