BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mage Farms, LLC
(property Identification Number
08-003-005-02)
)
) PCB 09-
) (Tax Certification)
)
)
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
ofRevenue
101 West Jefferson
Post Office Box 19033
Springfield, IL 62794
Mage
Farms, LLC
P.O.Box200
Gladstone, IL 61437
Emily
P. Rousonelos
Registered Agent
Mage Farms LLC
209 East Oak Street
Gladstone, IL 61437
and mailing it from Springfield, Illinois, on June 4, 2009, with sufficient postage
affixed for first cIass mail.
And electronically, on June
4, 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 4th day
of June, 2009
OFFICIAL SEAL
~~
(]
~
_
DAWN A. HOLLIS
NOTARY
PU8UC,
ST~TE
OF IWIICI8
~~~1
J
iafYPUbliC
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mage Farms, LLC
(property Identification Number
08-003-005-02)
Clerk
Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago IL 6060 I
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield
lL 62794
)
) PCB09-
) (Tax Certification)
)
)
NOTICE
Mage Farms, LLC
P.O. Box 200
Gladstone, IL 61437
Emily
P. Rousonelos
Registered
Agent
Mage Farms, LLC
209 East Oak Street
Gladstone, lL 61437
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board an APPEARANCE AND THE RECOMMENDATION ofthe minois
Environmental Protection Agency, a copy
of which is herewith served upon you.
DATED: June 4, 2009
minois Environmental Protection Agency
1021 North Grand Avenue East
Post
Office Box 19276
Springfield IL 62794-9276
(217) 782-5544
ENVIRONMENTAL
PROTECTION AGENCY
OF THE ST
E OF \)INO
-i~-~
BY~'~~~~~~~~~~~
__ __
Jason R. Boltz
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mage Farms, LLC
(Property Identification Number
08-003-005-02)
)
) PCB 09-
) (Tax Certification)
)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of Respondent,
Illinois Environmental
Protection Agency.
DATED: June 4,
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 S
TE
OF ILLINOIS
By~.
Jason R. Boltz
~t~
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mage Farms, LLC
)
(property Identification Number
) PCB 09-
08-003-005-02)
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its Recommendation
pursuant
to Section 125.204 of the regulations ofthe Illinois Pollution Control Board, 35 Ill.
Adm. Code 125.204.
1.
On May 18, 2009, the Illinois EPA received a request from Mage Farms, LLC (log
2.
number TC-14-08, 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 facility address is:
Mage Farms,
LLC
P.O.
Box 200
Gladstone, IL 61437
Emily
P. Rousonelos
Registered Agent
Mage Farms, LLC
209
East Oak Street
Gladstone, IL 61437
3.
The proposed water pollution control facilities in this request are located at SW 114 of
Section 3, T9N, R5W of the
4th
P.M. in Henderson County, at the above street address and consist of
the following:
Livestock waste management facilities consisting of one concrete pit (281.33 ft. x 71.17 ft. x
8
ft. deep)
with
four concrete pump out pits (each 6 ft. x 6 ft. x 8 ft. deep).
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.
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-120 * * * * *
4.
Section 11-10 of the Property Tax Code, 35 ILCS
200/11-10
(2006), defmes "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.
WHEREFORE, the Illinois
EPA recommends that the Board issue the requested
tax certification.
Dated: June 4,
2009
ILLINOIS ENVIRONMENTAL
PROTECT NA
N
By:~~.J
Assistant Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-120 * * * * *
