RECEliVED

CLERK’S oFpTrc

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

OCT 012003

Peter Brothers Pork

)

STATE OF

ILLINOIS

(Property Identification Number

)

PCB

Pollution

Control

Board

05-0-0302-002-00)

)

(Tax Certification)

)

NOTICE

Dorothy

M.

Gunn, Clerk

Ryan Peter

Illinois Pollution ControlBoard

3206 Crestview Drive

James R. Thompson Center

Quincy Illinois 62301

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 filedwith the Office ofthe Clerk ofthe

Pollution Control Board an APPEARANCE AND

THE RECOMMENDATION

ofthe Illinois

Environmental Protection Agency, a copy ofwhich is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:_________

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: September 29, 2003

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

TillS FILING IS SUBMITTED ON RECYCLED

PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECE

CLE!~K~S

WED

OFFICE

Peter Brothers Pork

)

OCT 01 2003

(Property Identification Number

)

PCB

i~.

STATE OF IWNOIS

05-0-0302-002-00)

)

(Tax CertificationIollutjon

Control

Board

)

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters

an APPEARANCE on behalf

of

Respondent, Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By.____

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: September 29, 2003

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

---

CLERK’S OFF1C~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

OCT 0 1 2003

Peter Brothers Pork

)

oq ...4~

STATE OF ILLINOIS

(Property Identification Number

)

PCB

~.

Pollution Control

Board

05-0-0302-002-00)

)

(Tax Certification)

-

)

RECOMMENDATION

The Illinois Environmental Protection Agency (“Illinois EPA”) hereby files its

Recommendation regarding the tax certification of waterpollution control facilities pursuant to

pursuant to Section 125.204 ofthe regulations ofthe Illinois Pollution Control Board, 35 Ill.

Adm. Code 125.204.

1.

On December 20, 2002, the Illinois EPA received a request from Peter Brothers Pork

(Adams County) (log number TC 31-02, 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:

Ryan Peter

3206 Crestview Drive

Quincy Illinois 62301

3.

The proposed water pollution control facilities in this request are located at Section 31,

TiN, Range 7W of the 3rd Principal Meridian, Adams County at 2048 Highway 336,

Mendon, Adams County, and consist ofthe following:

Livestock waste management facilities consisting ofone concrete manure pit (241

ft. x 81.83 ft. x 8 ft.), having eight concrete pump-out boxes (each 6 ft. x 6 ft. x 8

ft.) and the slotted portion ofthe floor over the manure pit in one swine

production building.

These livestock waste facilities are used to collect, transport, andlor store livestock waste

prior to cropland application and are further described in Exhibit A.

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

4.

Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2000), defines “pollution

control facilities” as:

“any systeth, 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 200/1

1-5.

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 maybe considered

“pollution control facilities,” pursuant to 35 Ill. Adm. Code 125.200(a), with the primary

purpose ofeliminating, 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 requested tax

certification.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:________

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: September 29, 2003

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

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FORAGENCY USE

File No.

Date ReceiVed

Certification No.

Date

Sec. A

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Person Authorized to Receive Certification

Person to Contact for Additional Details

Street

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Nature of OperationsConducted at the Above Loëation

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Water Pollution Control Construction Permit No.

Date Issued

NPDES PERMIT No.

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Expiration Date

Air Pollution Control Construction Permit No.

Date Issued

Air Pollution Control Operating Permit No.

Date Issued

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ENVIRONMENTAL

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PROTECTION AGENCY

BOW/WPCIPERMIT SECTION

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Tax Gertfficationfor Pollution control Facilities

Page 1 of2

8/00

APPLICATION

FOR CERTIFICATION (PROPERTY

TAX

TREATMENT)

POLLUTION CONTROL FACILITY

AIR~

WATER~

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

P. 0. Box 19276, Springfield, IL 62794-9276

This Agency is authorized to request

T~’3~-o~

this

information

under

Illinois Revised Statues, 1979.

Chapter. 120, Section 502a-5. Disclosure ofthis

information is voluntary. However, failure to

comply could prevent

your

application from

being processed or

could

result in denial ofyour

application for certification.

IL 532-0222

APC

151

(Rev.

8/00)

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---

~1

(1) Nature of Contaminants or Pollutants

Material Retained, Captured or Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR USE

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(2) Point(s) of Waste Water Discharge

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Plans and Specifications Attached Yes

(3)

Are contaminants (or residues) collected by the control facility?

Yes

L—

I No

(4)

Date installation completed Sep~e~.t4~cc’l status of installation on date of application ~\Q..i

C,s~’c~4R~

a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:

b. NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:

c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:

d. PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:

e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:

The following information is submitted in accordance with the Illinois Property Tax Code, as

knowledge, is true and correct. The facilities claimed herein are “pollution control facilities” as

Illinois Property Tax Code.

Si~ature

Title

$

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INSTRUCTIONS FOR COMPILING AND FILING APPLICATION

SOW/WPCIPERMIT

‘ ~l”I~.IIUNAGENC

SEQTj~

General: Separate applications must be completed for each control facility claimed. Do not mix types (water and air). Where both air and

water operationsare related, file two applications. If attachments are needed, record them consecutively on an index sheet.

Sec. A

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 street address or legal description. A plat map location is required for facilities 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 control facility is used.

Sec. D

Narrative description of the pollution control facility, indicating that its primarypurpose isto 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. Indude a listing of each major piece of equipment induded in the claimed

fair cash value for real property. Include an averaoe analysis of the influent and effluent of the control facility stating the

collection efficiency.

Sec. E

List air contaminants, orwater pollution substances released as effluents to the manufacturing processes. List also the final

disposal of any contaminants removed from the manufacturing processes.

Item (1) — Refers to pollutants and contaminants removed from the process by the pollution control facility.

Item (2)

—

Refers to water pollution but can apply to water-carried wastes from air-pollution control facilities. Submitdrawings,

which clearly show (a) Point(s) of discharge to receiving stream, and (b) 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 sale or reuse of the collected substances. State the cost of reclamation and related expense.

Item (4) — State the date which the pollution control facility was first placed in service andoperated. 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 certification by this Agency.

Sec. F

Self-explanatory. Signature must be a corporate authorized signature.

Submit to:

Attention:

Attention:

Illinois EPA

P.O.. Box 19276

Springfield, IL 62794-9276

Thomas McSwiggin

Permit Section

Division of Water Pollution Control

Donald E. Sutton

Permit Section

Division of Air Pollution Control

Tax Certificationfor Pollution control Facilities

Page 2 of2

8/00

Sec. E

(1)

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Sec. F

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$

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0

DEC 3 ~. 2002

ILLINOIS

ENV/RflMAI~.A,-.

•Sec. G

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---

January 23, 2003

To: David Ginder

From: R.J Peter w/ Peter Brothers Pork

~

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• ----,—

~J~hJ’~LJ

t.ir ~v~I ~—a

Re: Tax Certification Permit-Reference # TC-3 1-02

David,

When I filled out the form I did not include the correct parcel # for our property and I

also think the quarter section was wrong. The parcel # should be 05-0-0302-002-00.

Right now that # is still in my parents name; Ray and Kay Peter. Please make a note of

this, and we are getting that corrected. The land is located in the northeast quarter section

ofsection 31 in Honey Creek Township, Adams County Illinois.

Thank You,

Ri, Peter

---

ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH CR.\NLF AvENUE EAST, P.O. Box 19276, SrRI~1crIarI,ILLII’IoIS 62794-9276, 217-782-3397

JAMES R.

THOMPSON

CENTER, 100

Wi~sTRANDOLPH,

SUITE 11-300, CIiic~co.IL 60601, 312-814-6026

Roy R.

BLAGOIEVICH, GOVERNOR

RENEE CIPRTANO, DIRECTOR

217/782-3362

‘JUN

1

2

2003

Peter Brothers Pork

ATTN: R.J. Peter

3206 Crestview Dr.

Quincy, IL 62301

Re:

Illinois Property Tax: Peter

Brothers Pork -- Mendon

Livestock Waste Containment Facilities

Log No. TC-31-02

Dear Mr. Peter:

The application for Illinois Property Tax Certification received December 30, 2002 for the above listed

facilities has been reviewed and the following Is offered for your consideration and appropriate action.

Please revise the submitted request for certification of livestock waste containment structures by providing

a statement indicating that the request for certification of the building above the pit has been withdrawn.

Please also verify that the submitted accounting information in Section E of the application form does not

include the aforementioned equipment. If the aforementioned facilities are included in the accounting

information submitted, please provide revised accounting information that does not include the

aforementioned facilities.

Please review the subject applications accordingly for the items specified above and submit to the Illinois

Environmental Protection Agency by July 22, 2002 sothat we may complete the review of the subject

~ippIication.Please include the above log number on all correspondence.

If you have any questions or comments concerning the above items, please contact me at the above

address and telephone number.

Very truly yours,

Matthew Talbert

Facility Evaluation Unit

Watershed Management Section

Bureau of Water

MAT:TC31 02r1

—

43)12

North

Main Street, P,ocktord, 1161103— (815) 987-7760 • DES PL.\lNes—9511 W. Harrison St., Des Plaines, IL 60016 —(847) 294-4000

--

595 South

State.

EIght, IL 60123—18471608-3131

•

PEORIA— S’115 N. University St., Peoria, IL 61614— (309) 693-5463

Buer.~oor l.-~u,

-

Prosy’ — ~‘20 N• I.ini\grEity St.. Peoria, IL 61614— (309) 693-5462 •

CHAMPAIGN — 2125 South Firct Street. Champaign, IL 61820— 2171 278-5800

Srpjworutio — 4501) S. Si’rtlu St,eet Rd., Sprirtgfield. IL 62706

—(217)

786.6892

•

COwNSvILLE —2009 MaIl Street, Collinsville, IL 62234 —(6181 346-5)20

MARIO~i

—

2309W. Main St., Suite 116, Marion. IL 62959— (6181 993-7200

PRINTEDON

Rrcyctr~

PAPER

---

June 15, 2003

~Va

~Mi5J-1U

L/P ~frLL L...

Illinois Environmental Protection Agency

Attn: Mathew Talbert

1021 No. Grand Ave. East

Springfield, IL 62794-9276

In reply to your request regarding the property tax certification; Log # TC-3 1-02,

We, Peter Brothers Pork have only included the cost ofthe manure holding facility. The

costs listed in section E ofthe application

do not

include any ofthe structure or

equipment above the Pit.

Thank you,

Peter Brothers Pork

---

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

Ryan Peter

3206 Crestview Drive

Quincy Illinois 62301

Steve Santarelli

Illinois Department ofRevenue

101 West Jefferson

Post Office Box 19033

Springfield, Illinois 62794

and mailing it from Springfield, Illinois on September 29, 2003 with sufficient postage affixed

for first class mail.

SUBSCRIBED AND SWORN TO BEFORE ME

this

29th

day ofSeptember, 2003.

Notary Public

OFFICIAL SEAL

BRENDA BOEHNER

NOTARY PUBLIC. STATE OF ILLINOIS ~.

:~MYCOMMISSION EXPIRES 11.14.2005:?

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