RECVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

~

FEB

102005.

Harnet Farms

~

)

(Property

Indentification Number

Contro~8Oard

)PCBO5-~

U

~

)

(Tax Certification)

NOTICE

Dorothy M. Gunn, Clerk

Richard Harnet

Illinois Pollution Control Board

1332

1100 East

Rd.

James R.

Thompson Center

Cropsey, Illinois

61731

100 West RandolphStreet, Suite.

11-500

Chicago, Illinois 60601

Steve Santarelli

Illinois

Department of Revenue

101

West Jefferson

Post Office Box 19033

Springfield, Illinois 62794

PLEASE

TAKE

NOTICE

that

I

have today filed with the Office

of

the Clerk

of

the

Pollution Control Board an APPEARANCE AND

THE RECOMMENDATION

of the illinois

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

ENVIRONMENTAL PROTECTION AGENCY

OFTHE STATE OF ILLINOIS

By:

~

~

Vera Herst

Assistant

Counsel

Division ofLegal Counsel

DATED:

February 8, 2005

Illinois

Environmental Protection Agency

1021

North Grand Avenue

East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217)

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARIS~LERK’SOFFICE

FEB

10

2005

Harnet Farms

)

(Property Indentification Number

)

) ~3

c~Th

STATE OF ILLINOIS

11-36-400-005

)

~j

Poflution

Control Board

)

PCB05-~)

)

(Tax Certification)

)

APPEARANCE

The undersigned,

as one ofits attorneys, hereby enters an

APPEARANCE

on behalf of Respondent,

Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

~

(\j~~-

Vera Herst

Assistant Counsel

Division of Legal Counsel

DATED:

February 8, 2005

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

---

)

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

Ill. Adm.

Code

125.204.

1.

On

December 21, 2004, the Illinois

EPA received a request from Hamet Farms

(log number TC-34-04, Exhibit A) for an Illinois EPA recommendation regarding

the tax certification ofwater pollution control facilities pursuant to 35 Ill. Adm.

Code

125.204.

2.

The applicants’ address is:

Hamet Farms

20300 N. 4200 East Rd.

Cropsey,

Illinois

61731

3.

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

Section 36, T25N, R6E ofthe 3rd P.M. in McLean County, at the above street

address and

consist ofthe following:

Livestock waste management

facilities

consisting oftire concretemanure

pit (200 ft.

x 50 ft. x

8

ft. deep), with the slotted

concrete portion ofthe

floor over the manure pits and five concrete pump out manure pits (each 4

ft. x

4 ft. x

9

ft.

deep) located in each oftwo swine buildings.

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.

RECEWVED

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

FEB

10

2005

Harnet Farms

)

j

~

STATE OF IWNOIS

(Property Identification Number

)

PCB 05-

.

Pollution Control Boart~

11-36-400-005)

)

(Tax Cert~~tion)

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, orreducing air or waterpollution

.

.

.

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 engineeringjudgment that the described facilities may be

considered “pollution control facilities,” pursuant to 35 Ill. Adm.

Code

125.200(a), with the primarypurpose ofeliminating, preventing, orreducing

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:

~L

/~L~—-

Vera Herst

Assistant Counsel

Division ofLegal

Counsel

Dated: February

8,

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

---

ThIs

Ageticy

is

authori~d,to

r~uest

this

isifotifiatioti utider

111151015 1t~vi~ed

StsitU~s,

1979.

Chapter,

120

S~ctIoti~02a~3bi~cIesure

of th1~

information

is

volUl1ta1~y.

I-1ow~s’~r,

i~Ilur~

to

comply

could

present

your

appll~atltififrom

being

processed

or

muld retult

In denial

ofyour

application

for

certifleatloil

FOR AGENCY USE

File

No.

Date Received

Certification

No.

Date

Sec

A

,

~

~

~

Company

Name

Harmet Farms

Pereon Authorl~.ed

to Receive

Certification

Pereon to Contact for Additional ~etalia

Richard P.

i=Iarmet

Chriatine

Harmot

Street Addre~a

StreetAddre~

1332 N 00 Esat

Rd

Municipality,

state & Zip cooe

Municipality, State & Zip Code

Crop~oy~

IL

61731

.

Telephone Number

Telephone

Number

309-377-2026+ 309-238-2032

~A4.4~

Location of ~aclilty

Municipality

ToWnahip

Quarter Section

Town~tilp

.

Range

SouthEaat

6E

Cropsey

Cropsey Township

Street Addreaa

Coumy

.

Book Number

20300

N 4200

East

Rd

.

Mclean

09

Property Identification Number

Parcel Number

11-36-400-005

Sec

B

.

~

~

~

~

Nature of 0peratlor1~Coridu~ted

atthe Above Location

Agricultural.production for hog production.

Swine arrive at the facility at approx

12

lbs and are grownto

260 lbs and are then shipped to packing facilities

-

all manure, urine,

and any

spillage is contained

in the 8 foot deep pits until

contents are applied to crop fields

as fertilizer

Water Pollution Control Construction Permit No.

Date

Issued

~

~

If)))

NA

fl~

~

~..,

NPDES PERMIT No.

.

Date Issued

~

~pi~tid~PM~

Air Pollution Control Construction

Permit No.

NA

Date

Issued

~

~flt ‘~~UOh

NA

BURMU

OF

WAT~~

Air Pollution Control Operating Permit No.

--

NA

Date

Issued

—

-

SecC

~

~

~

DeacrlbeltProceaa

Two 10000

aquare foot

awine

finlahlng bulidinga with a 8~

pit

under each

atructure

DEC15

2004

Materiaia ijeed In Proceaa

1~~-C~PFt~

Swine

finiahing buildlnga conalat of a wood

atructura with ateel

roof on

a

concrete foundation that forma

a 50’x200’x8’

deep storage pit which provides at least

14 months manure storage (approximately

600,000 gallons).

The building roofs are insulated

and the sides

are open except for moveable

curtains and bird nethng.

SeeD

~

~

~

~

c~

Deacriba Pollution Abatement control

Facility

8 foot deep pits collect all

manure and any spillage (feed, water) for 12 months (design capacity is

14

months).

Manure

is

mixed, tested for nutrient levels and injected

on

cropland.

Per Illinois Department

of Agriculture, Bureau of Environmental programs water sampling

of the buildings’ perimeter tile

is

sampled and tested quarterly for contamination from pit contents.

Note: manure is removed from any

of 5 sumps around the perimeter of the buildings

-

different sump used each season to prevent buildup.

APPLICATION FOR CERTIFICATION (PROPERTY

TAX

TREATMENT)

POLLUTIO~CONTROLFACILITY

AIR~’

WATER

~

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

P. 0. Box

19276,. Springfield, IL

62794-9276

IL 532-0222

A.PC

151

(Rev.

8/00)

Tax

Cerhfication

for Pollution ControlFa~il~~

~

~

\‘~j~j

~

Page lof2

..

LI

~

ILLINOIS

ENVlRQNM~./~!TAL

PROTECT/ON AGE~vcy

~

---

Sec.

E

(1) Nature

of Contaminants or Pollutants

Material Retained,

Captured or Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL

OR

USE

Swine manure

Animal Waste

Injected into crop

land as fertilizer

(2)

Point(s) of Waste Water Discharge

None

,

Plans

and Specifications Attached

Yes

/,

No

.1~L

Are contaminants (or

residues)

collected by the control facility?

Yes

V

No

(4)

Date

installation

completed

6L~9~2

status of installation

on

date

of application

~~L__.

(5)

—

—

a.

FAIR CASH VALUE IF CONSIDERED REAL

PROPERTY:

$

350000

b.

NET SALVAGE VALUE IFCONSIDERED REAL PROPERTY:

$

100000

c.

PRODUCTIVE GROSS ANNUAL

INCOME OF CONTROL FACILITY:

$

91200

d.

PRODUCTIVE NET ANNUAL

INCOME OF CONTROL FACILITY:

$

10000

e.

PERCENTAGE CONTROL FACILITY BEARS TOWHOLE FACILITY VALUE:

41

Sec.

F

The tollowinginformation is submitted in accordance with the Illinois Property Tax Code, as amended, and to the bestof my

knowi~d~,

is true and correct.

The facilities claimed herein are “pollution control facilities” as defined

in

Section

11-10 of the

~

lllinoi~

Pr

perty Tax Code.

______

Sign

ure

.

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 consecutivelyonanindexsheet.

Sec. A

Information

refers

to applicant as iisted in the tax records and the person toiecontactedIforfudber~etailsirforinspection-of

facilities.

Define

facility location

by street address

or legal description.

A plat map

locatianisrequirediorfacilities 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

primary purpose

is

to eliminate, prevent or red~ca~palIution.

State

the type of control

facility.

State

permit number, date, and agency issuing permit.

A narrative descnpticsnantia.proces~

flow

diagram describing the pollution control

facility.

Include

a

listing ofeach

major piece of equipment

included

in

the claimed

fair cash value for real

property.

Include

an average

analysis of the

influent

and

effluent of

the control facility

stating

the

collection efficiency.

-________

Sec. E

List air

contaminants,

or

water pollution substances released as effluents tothemanufactuting

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-canied wastes from air poilirtior~

control-facilities.

Submit drawings,

which cleariy 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 di.spositionoLthemate51a1s~arithbeiiahie

in dollars reclaimed bysale 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 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.

Sec.

F

Self-explanatory.

Signature

must be

a corporate authorized signature.

Submit

to:

Attention:

Illinois

EPA

P.O.

Box

19276

Springfield, IL

62794-9276

Thomas McSwiggin

Permit Section

DMsion

of Water Pollution

Control

Tax

Certificationfor Pollution Control Facilities

Page

2 of2

8/00

(a

z

1-

(a

z

a

1=

0

I-.

a

z

---

4200

East l~oad

3/4 mile

south of

lL1~5

20~

North

Finishing

Bldg

Slatted

Floor

D

LJ

/

Gravel driveway

50’

I~

Menure sumps,~uildIng

South

Finishing

Bldg

Slatted Floor

200’

IL

I

85

~G

2

12004

W~t~i~d

Mandgernenz ~ectton

BUREAU

OF WATER

so’

Concrete

pft structure

---

Watershed UnitTax

Certification

Review Sheet

Project

Name:

Reviewer:

Log

No.:

Applicant:

Facility:

Legal Description:

Date Control

Devices Installed:

Signature:

Wastes:

-

Physical

Description of Pollution Control

Devices:

Location:

Date:

Type:

County:

Provided

Fair Cash

Value:

Title:

~n~

~

r&-~

a~

(

~

(~

0~’

~

~O 4’1~

‘~

~

~‘+

~)

~

C-~’Vr~v4

S2~’

.~kh~1

/ ~

~

~

~

~

i~~c

Other:

2~

ip.;+-s

(i

~ir

dI1v~

-~

~

?/io/o~,~ac~kd

i~1r.

~

-r~N

~

(~1r,

I1~rft~//i~

~(

i~2~

~

Jr;g~r\

•ic

/~

s~qr,~

-~~-L,,+

~

H~-

l:4r~5

—r~-~,..dJe’c

~

-

“1 -o

J~

~P

~

~j’2

o/o

ç

0

Agchem

‘~Livestock

~‘

k~rd ~I~irr.”

t

t~2.

/~I

t~

~‘M’~~

Pd.

~‘L.

C~l73f

4I4(v.~~

f~~?

~o~OO

tJ.

‘~L2~o~

~AS.I~

~A.

~L

(.aI7’~I

Secj4i~r—..

YL7

T~i

~

j~/t’7

~/o2

~MA)

1~)1

~L

~

.

Contact:

C~ks~~7’~,.L

H.~ffr1~j-.

Phone:

~-~7—~0~

PropertylD:

I

/~l~L~A

$~co1o~Do

/

na

~

~

‘~Livestock

waste

is applied to cropland.

0

Agrichemical rinsate and spillage is

recycled through the facility and/or land applied.

oOther:

~

_____

---

)

STATE

OFILLINOIS

)

)

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

Illinois

Pollution Control Board

.

Richard Hamet

James R.

Thompson Center

1332

1100 East Rd.

100 West Randolph

Street,

Suite.

11-500

Cropsey, Illinois

61731

Chicago, Illinois

60601

Steve

Santarelli

Illinois

Department ofRevenue

101 West Jefferson

Post

Offide Box 19033

-

Springfield, Illinois

62794

and mailing it from Springfield, Illinois, on February

8,

2005, with sufficient postage

affixed for first class mail.

~

SUBSCRIBED AND SWORN

TO BEFORE ME

This

8th

day of

February, 2005

Notary

Public

OFFICIAL

SEAL

BRENDA

BOEHNER

~:

NOTARY

PUBLIC,

STATE

OF

ILLINOIS ~

THIS FILING IS

SUBMITTED ON RECYCLED PAPER