BEFORE THE ILLINOIS POLLUTION CONTROL

BOARIRECEflV~D

~J/1N~2O

GREGORY M.

AND

NANCY C. LEIGH

)

(Property Identification Number

)

PCB 04-

U~

06-05-26-200-002)

)

~~QNT~Q~ROARD

NOTICE

Dorothy M. Gunn, Clerk

Gregory Leigh

Illinois Pollution Control Board

5087

E. ILL. 9 Highway

James R. Thompson Center

Avon Illinois

61415

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 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

~

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: January

5,

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

---

RECEM~D

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

rjpN~9?oo4

0~ ~~

pq~Ocfl~r~J

~r~5~NANCY

C. LEIGH

)

(Property Identification Number

)

PCB 04-

06-05-26-200-002)

)

APPEARANCE

The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalfof

Respondent, Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

By:,

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: January 4, 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

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOA&~ ~

2004

POLL

Ui-

ILJJg

~

GREGORY M. AND NANCY C. LEIGH

)

“nO

(Property Identification Number

)

PCB 04-

1

06-05-26-200-002)

)

RECOMMENDATION

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

Recommendation regarding the tax certification of water pollution control facilities pursuant to

pursuant to Section 125.204 of the regulations of the Illinois Pollution Control Board, 35 Iii.

Adm. Code 125.204.

1.

On December 27, 2002 the Illinois EPA received a request from Gregory and Nancy

Leigh (log number TC 28-02, Exhibit A) for a recommendation regarding the tax

certification ofwater pollution control facilities, pursuant to 35 Ill. Adm. Code 125.204.

2.

The applicant’s address is: GregoryM. and Nancy C. Leigh

-

5087 E. ILL 9 Highway

Avon Illinois 61415

3.

The proposed water pollution control facilities in this request are located at the Southeast

1/4 ofSection 26, T7N, Range 1E ofthe 4th Principal Meridian, Fulton County at Rigdon

Road, Avon, and consist ofthe following livestock waste management facilities:

one concrete manure pit (23 ft. x 100 ft. x 9 ft. deep) with 6 manure pump-out

tubes and the slotted concrete portion ofthe floor over the manure pit located in

each of3 swine finishing buildings.

These livestock waste management facilities, which are used to collect, transport and/or

store livestock wastes prior to cropland application, are further described in Exhibit A.

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

---

4.

Section 11-10 of the 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 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 200/1 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 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

grant

the requested

tax certification.

ILL1NOISENVIRONMENTAL PROTECTION

AGENCY

By:

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: January

5,

2004

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING

IS SUBMITT4~DON RECYCLED PAPER

---

Tax (enh/icarion/hr Pollution Control Facilities

Page 1 of2

&.oo

~PP~~iv~ -A-

~.

~T’

I

h,.~

~\ g.~n~v c

,ilthnn7M

c~

rIIle.~

thi.~

--

non underiflinuls Revised StatuesJ979.

a

i i 20. Section 502a-5. Disclosure of ~bi~

-

~

V~,IU~1~F. ~

~othre

-

could prevent vow- application trom

being processed or could result in denial olvour

~al)pUcduoii itS cci ijcaiioii.

~‘~!C~

FO.9 ~

lDOr~T~-,..V

~ATRA~ITI

~...

—

....~.—

~

POLLUTION CONTROL ~

AIRD

WATEP

ILLINOIS ENViRONMENTAL PROTECTION AGEN~EC2? 2C02

P. 0. Box 19276, Springfield, IL 62794.~276

ILL/NO/S

ENVJPi,A

1*

FOR AGENCY USE

BTEC77ONAGENCY

File 1’~O.

Date Received

Certilication No.

--

Date

Sec. A

I..

~

~

Company Name

-

~~

•

1 i~~C

--

-~

Pe~sonAuthorized to Receive Certification

-

Person to Contact for Additional Details

.breoorL~ L—Ql-~

Street Address

Street Address

cO~)7 L.

.1L ~

Municipality, State & Zip Code

Municipality, State & Zip Code

~L_

CO~L~I).~

Telephone Niimber

-

Telephone Number

~-1~’5

~-~~~?

Location of Facility

Municipality

Township

Quarter Section

Township

Range

~I~-f

ôi~

Sec

/~-vov~

Street Address

County

Book Number

q~/~

,,~

Property Identification Number

Parcel Number

O&

C~O~7O~

Sec. B

~

~

o~

~

r

Nature of Operations Conducted at the Above Location

~4qICul1--~rc~

I

~

-

f0~

~f

1~~j~

~

Water Pollution Control Construction Permit No.

/V//~

Date Issued

NPDES PERMIT No.

,v/4

-

Date Issued

Expiration Date

Air Pollution Control Construction Permit No.

Ai/

/~-

Date Issued

Air Pollution Control Operating Permit No.

1’-’/

/~—

Date Issued

Sec. C

~

~

~

~

Describe Unit Process

~

~q.

~

~

c.

~L

~,.

~

Cov~r,~

J

-

~-

P

/t

•)

:‘~

~C’

~.

Materials Used in Process

~

~

~

i4’,L~

c~-~c,.

~o~rt~

1.

~

~

.~

.•

~

~

~~

~

,.~

.~

~

.~..

-.:.

~

1

~

~

~

,5~

~

..~ :~.

~-,

—if,

~

;

~~#(

)iin~j/

a~r-/--L~

~‘.-‘&i/5

‘~‘~

c~L~

Sec. D

~z

0Q

~

O~

~

~

Describe Pollution Abatement Control Facility

.

Cr-a.4-~

~

‘~s

/oc~•i~’.~’

-i~~-

~

~

S

~

~

,—~

~

.~.r~,-s’’

.

...~

.J

~

‘

~

?~°

~,7Lf(

~(A~7~c

T’”~-.~.~

I

~‘~‘

~

~

~

~

~4C’

~

~

~cil.It-((~,’

~

~

IL 532-0222

APC 151

(Rev.

8/00)

---

I)

nature or Contaminants or t~oiiutants

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR USE

Ho~

ri’1~tk~I.i-1

,-~

~O(;~~-

~

/

~,J;!cL5o!r,(.c’)

l~-o~~

tAF

~

~L

Ii~’(~t.d

~

~-..

~

,

!-~~1.L’f

L

,‘

.,-

~

~

—°•‘

(2)

Point(s) of Waste Water Discharge

~. -i:.-

~

- -.

J) ~.

- ..~

~

4~-f

...L~f..,,

?

c’~-’

~a~p

~‘c.2~1

,g4~-zc~’.,

Plans and Specifications Attached Yes

,/

No

..I~L

(4)

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

Yes ~.,/

No

Date installation completed

‘/ ~9

status of installation on date of application

C’2~4t~’

I-’

t’S4

(5)

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:

$

Sec. F T~followinginformation 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 1 1-10 of the

Illinois Property Tax Code.

~-~

, Signatr.fe

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 attachments are needed, record them consecutively on an index sheet.

Sec. A

Sec. B

Sec. C

Sec. 0

Information refers to applicantas listed in the tax records and the person to be contacted for furtherdetails 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.

Self-explanatory. Subrr~tcopies of all permits issued by local pollution control agencies. (e.g. MSD construction Permit)

Refers to manufacturing processes or materials on which pollution control facility is used.

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 pollution control fadliW, Include a listing of each major piece ofequipment included in the claimed

fair cash value for real property. Include an averaoe analysis ofthe influent 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 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. Submit drawings,

which clearly show (a) Point(s) of dischar~eto receiving stream, and (b) Sewers and process piping to and from the control

facility.

Sec. F

Item (3) — If the collected contaminants are disposed of other than as wastes, state the disposition ofthe materials, and the value

in dollars reclaimed by sale or reuse ofthe colIec~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)

—

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.

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

Submit to:

Attention:

Attention:

Il~ncisEPA

Thomas McSwiggin

Donald E. Sutton

P.O. Box 19276

Permit Section

Permit Section

Springfield, IL 62794-9276

Division of Water Pollution Control

Division of Air Pollution Control

Tax Certification forPollution Control Facilities

Page

2

of2

8..oo

r’,.,..~e,

~

(I)

~V,~_4L’aI fl_El

~‘a

~

lS#’a,

S_!l_4~./L~_fl‘a~a ‘a~

I-.

z

2

.0

I-

-J

U

u.

-J

0

I—

2

0

C)

z

0

I.-

-J

0

a.0

0

2

I-

z

0

0

C-)

e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:

~

0

---

‘!~

I

~,

~

11

1

/

~)//t;;j3/

~

/~

/

-z

-

4)

è—l~

~

..7)ft~(~5s~

~

/

/

/

/

L.)

---

)

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

Gregory Leigh

Illinois Pollution Control Board

5087

E. ILL. 9 Highway

James R. Thompson Center

Avon Illinois 61415

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

and mailing it from Springfield, Illinois on January

, 2004 with sufficient postage affixed for

first class mail.

SUBSCRIBED AND SWORN TO BEFORE ME

this _th day ofJanuary 2004.

Notary Public

THIS FILING