BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JS Finishing, LLC - Alexis
(Property Indentification Numbers
16-16-24-100-002 and 16-16-23-400-001)
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago IL 60601
Steve Santarelli
Illinois Department
of Revenue
101 West Jefferson
Post Office Box
19033
Springfield IL 62794
)
)
PCB 09-
)
(Tax Certification)
)
)
NOTICE
Bob Flowers
242
250
th
Street
Alexis IL 61412
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 TIlinois
Environmental Protection Agency, a copy of which is herewith served upon you.
DATED: June 2, 2009
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield IL 62794-9276
(217) 782-5544
ENVIRONMENTAL
PROTECTION AGENCY
OF
THE STATE OF ILLINOIS.
By:
---",-",C=--~~--s;;.,e=----
Chad M. Kruse
Assistant
Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JS Finishing, LLC - Alexis
(Property Indentification Numbers
16-16-24-100-002 and 16-16-23-400-001)
)
) PCB
09-
)
(Tax Certification)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an
APPEARANCE
on behalf of Respondent,
lllinois Environmental
Protection Agency.
DATED: June 2, 2009
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield IL 62794-9276
(217)782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:_~-=---_-=~
___ _
Chad M. Kruse
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
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:
Steve Santarelli
Illinois Department
of Revenue
101 West Jefferson
Post Office Box 19033
Springfield IL 62794
Bob Flowers
242
250
th
Street
Alexis IL 61412
and mailing it from Springfield, lllinois, on June 2, 2009, with sufficient postage
affixed for first class mail.
And electronically, on June 2,
2009 to:
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago IL 60601
SUBSCRIBED AND SWORN TO BEFORE ME.
This 2nd day
of June, 2009
OFFICIAL SEAL
DAWN A. HOLLIa
NOl~~~,8TATE
OF ILLINOIS
tIV
~
GXPIRES 801902012
.....,~".,~.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JS Finishing, LLC - Alexis
)
(property Indentification Numbers
16-16-24-100-002 and 16-16-23-400-001)
) PCB 09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section
125.204 of the regulations of the Illinois Pollution
Control Board, 35 Ill. Adm. Code
125.204.
1.
On December 23, 2008, the Illinois EPA received a request from Bob Flowers, JS
2.
Finishing (log number TC-29-08, Exhibit A) for an Illinois EPA recommendation
regarding the tax certification
of water pollution control facilities pursuant to 35
Ill. Adm. Code
125.204.
The applicant's address is:
JS Finishing, LLC
238 & 239
270th Street
Alexis IL 61412
The proposed
water pollution control facilities in this request are located at
Sections
23
&
24, T13N, R2W of the 4th P.M. in Mercer County, at the above street
address and consist
of the following:
Livestock waste management facilities consisting
of two concrete
manure pits (approximately
281 ft. x 71 ft. x 8 ft. deep) and the slotted
concrete portion
of the floor over the manure pits.
These livestock waste management facilities are used to collect, transport and/or
store livestock wastes prior to cropland application., and are further described in
Exhibit A.
THIS FILING SUBMITTED ON RECYCLED PAPER
4.
Section 11-10 of the Property Tax Code, 35 ILCS 200/11-10 (2006), 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, or
to 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 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.
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
WHEREFORE, the Illinois EPA recommends that the Board issue the
requested tax certification.
Dated: June 2,
2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
---=a=--~--===-=--=--
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
Illinois Environmental
Protection Agency
1021 North Grand Ave.
E.
P.O. Box 19276
Springfield, Illinois 62794-9276
2171782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-2829
JAMES R. THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO, IL
60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
DOUGLAS
P. Scon,
DIRECTOR
Memorandum
To:
Connie Tonsor, Division of Legal Counsel
.~.~(c1E8VE~
From: Al Keller, P.E., Manager, Permit Section
D,VIS,On of Legal Counsel
Date: May 18, 2009
~;A
" 2
2 2009
EnVironmental Protection
Agency
Re:
JS Finishing, LLC - Alexis
Recommendation
of Tax Certification
Log # TC-29-08
Property Identification # 16-16-24-100-002 and 16-16-23-400-001
The Bureau of Water received a request on December 23,2008 from Bob Flowers for an Illinois EPA
recommendation regarding the tax certification of water pollution control facilities pursuant to 35 II.
Adm. Code 125.204. We offer the following recommendation.
The water pollution control facilities
in this request include the following:
JS Finishing, LLC
238
&
239 270th St.
Alexis, IL 61412
Sections
23
&
24, T13N, R2W of the 4th P.M. in Mercer County
Property Identification # 16-16-24-100-002:
Livestock waste management facilities consisting of one concrete manure pit (approximately 281
ft. x 71 ft. x 8 ft. deep) and the slotted concrete portion of the floor over the manure pit.
Property Identification # 16-16-23-400-001:
Livestock waste management facilities consisting of one concrete manure pit (approximately 281
ft. x 71 ft. x 8 ft. deep) and the slotted concrete portion of the floor over the manure pit.
These livestock waste management facilities are used
to collect, transport and/or store livestock
wastes prior to cropland application.
These facilities are further described
in the enclosed applications and supporting documents.
Based on the information included
in this submittal, it is our engineering judgment that the above
proposed facilities may be considered
"Pollution Control Facilities" under 35 lAC l25.200(a), with the
primary purpose
of eliminating, preventing, or reducing water pollution, or as otherwise provided in this
section, and therefore eligible for
tax
certification from the Illinois Pollution Control Board. The Bureau
of Water therefore recommends that the Board issue the requested
tax
certification for these facilities.
If you have any questions regarding the above, please contact Thaddeus Faught at 217/782-3362.
SAK:TJF:TC-29-0S.doc
cc: Tax Cert File
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
•
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
ELGIN - 595 South State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA - 5415 N. University St., Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462
•
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
•
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
Project Name:
Reviewer:
Log No.:
Applicant:
Facility:
Legal Description:
Date Control
Devices Installed:
Signature:
Wastes:
Watershed Unit Tax Certification Review Sheet
I \ /"
t-L..l....-
Location:
Date:
Type:
Contact:
Phone:
o Agchem
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Property ID: .....:...1 (_() _"':-'
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DOllier:
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Agrichemical
__________________________________________________________________
rinsate and spillage is recycled through the facility and/or land applied.
__
Physical Description of Pollution Control Devices:
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APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
This Agency is authorized to request this
POLLUTION CONTROL FACILITY
information under IUinois Revised Statues, 1979,
AIRO
WATER 0
Chapter, 120, Section 502a-5. Disclosure of this
information is voluntary. However, failure to
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
comply could prevent your applioation from
P. O. Box
19276,
Springfield, IL
62794-9276
being processed or alUld result
in
denial of your
application for certification.
FOR AGENCY USE
File No.
Date Received
Certification No.
Date
Sec. A
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IL 532.0222
APC 151 (Rev. 8/00)
Tax Certification for Pollution Control Facilities
Pagelof2
8/00
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
Sec. E
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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.D
Sec.E
Sec. F
Infonnation 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.
Self-explanatory. Submit copies of all pennits issued by local pollution control agencies, (e.g. MSD Construction Pennit)
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 pennit number, date, and agency issuing pennit. A narrative description and a process
flow diagram describing the pollution control facility. Include a listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an average analysiS ofthe influent and effluent of-the control facility stating the
collection efficiency.
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-<:arrled wastes from air pollution control facilities. Submit drawings,
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
colle~d
substances. 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 infonnation 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:
Illinois EPA
P.O. Box 19276
Springfield, IL 62794-9276
Attention:
AI Keller
Permit Section
Division of Water Pollution Control
Tax Certification for Pollution Control Facilities
Page2of2
8100
Attention:
Donald E. Sutton
Permit Section
Division of Air Pollution Control
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
Section D
Building has a concrete pit below animals. The pit is
71 feet by 281 feet by 8 feet deep.
Concrete slats are placed over the pit. All manure is contained under structure.
Pit has a
concrete floor and meets all Dept
of Ag specs. Manure will be hauled to land using
manure tanks and direct inject capabilities.
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
This Agenoy is authorized to request this
POLLUTION CONTROL FACILITY
information under IUinois Revised Statues, 1979,
AIRO
WATER
0
Chapter, 120, Section 502&-5. Disclosure of this
information is voluntary. However, failure to
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
comply could prevent your application from
P. O. Box 19276,
Springfield, IL
62794-9276
being processed or could result in denial of your
application
for certification.
FOR AGENCY USE
File No.
Date Received
Certification No.
Date
Sec. A
Company Name r.
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APC 151 (Rev.
8/00)
Tax Certification for Pollution Control Facilities
Page J of2
8/00
Sec.E
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(4)
Date installation completed
J'IA~'-'i
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status of installation on date of application
(~'·')""o.J.?)1?11.?cl/
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a .
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
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PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
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d.
PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:
$
e.
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:
%
(,;,b%
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
IIlino.is Property Tax Code.
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Title
oJ
~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.D
Sec.E
Sec. F
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.
Self-explanatory. Submit copies 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 facility. Include a listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an average analysis of the inftuent and efftuent of the control facility stating the
collection efficiem:y.
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 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
collec~d
SUbstances. 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:
illinois EPA
P.O. Box 19276
Springfield, IL 62794-9276
Attention:
AI Keller
Permit Section
Division of Water Pollution Control
Tax Certtficatlonfor Pollution Control Facilities
Page
2
of2
8100
Attention:
Donald E.Sutton
Permit Section
Division of Air Pollution Control
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
Section D
Building has a concrete pit below animals. The pit is 71 feet by 281 feet by 8 feet deep.
Concrete slats are placed over the pit. All manure is contained under structure. Pit has a
concrete
floor and meets all Dept of Ag specs. Manure will be hauled to land using
manure tanks and direct inject capabilities.
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-118 * * * * *
