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RECEPIED

BEFORE THE ILLIN

L BOARD

STATECLERK’S

OF

OFFICE

ILUf~1OIS

Pollution Contro’ Board

BACON HILL

FARM,

INC.

)

(Property Identification Number

)

PCB 04-

/

1-~

06-05-25-100-005)

)

NOTICE

Dorothy M. Gunn, Clerk

Gregory M. Leigh

Illinois Pollution Control Board

5087

B. 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

By:__________

UM

Assistant Counsel

Division ofLegal Counsel

DATED: January 12, 2004

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

---

RECE~VE~

CLERK’S OFFICE

BEFORE THE

BOARD

JAN 1 It 200k

STATE OF ILLINOIS

Pollution Control Board

BACON HILL

FARM,

INC.

)

(Property Identification Number

)

PCB 04-

) ~

06-05-25-100-005)

)

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters an APPEARANCE on behalf of

Respondent, Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

By:

Lisa Moreno

Assistant Counsel

Division ofLegal Counsel

DATED: January 12, 2004

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217)782-5544

TifiS FILING IS

SuBMITtED ON

RECYCLED PAPER

---

RECE~VE~CLERK’S

OFFICE

JAN 1 4 200k

BEFORE THE ILLINOIS

,ATE OF ILLINOIS

Pollution Control Board

BACON HILL

FARM,

INC.

)

-~

(PropertyIdentification Number

)

PCB 04-

I

06-05-25-100-005)

)

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 Bacon Hill Farm, Inc.

(log number TC 23-02, 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: Gregory M. Leigh

Bacon Hill Farms, Inc.

5087 B. ILL 9 Highway

Avon Illinois 61415

3.

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

1/4 of Section

25,

T7N, Range lB of the 4th Principal Meridian, Fulton County at the

above address, and consist ofthe following livestock waste management facilities:

One concrete manure pit (40 ft. x 54 ft. x 8 ft. deep) with 4 manure pump-out

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

swine finishing building.

One concrete manure pit (10 ft. x 60 ft. x 6 ft. deep) having 2 manure pump-out

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

sow confinement building.

THIS FILING IS SUBMITtED ON

RECYCLED PAPER

---

Three concrete manure pits (each 10 ft. x 34 ft. x 3 ft. deep) with 2 manure drain

pull plugs per pit and the slotted plastic portion ofthe floor located over the

manure pits in one swine nursery building.

Approximately 44 feet of6-inch diameter PVC manure transfer pipe.

One concrete manure pit (23 ft. x 70 ft. x 4 ft. deep) with 4 manure pump-out

tubes and the slotted plastic and steel portion ofthe floor located over the manure

pit in one swine farrowing building.

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.

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, 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 Iii. Adm. Code 125.200(a), with the primary

purpose of eliminating, preventing, or reducing water pollution, or as otherwise provided

in 35 Iii. Adm. Code 125.200, and are eligible for tax certification from the Board.

THIS FILING IS

SUBMITtED ON

RECYCLED PAPER

---

WHEREFORE, the Illinois EPA recommends that the Board grant the requested

tax certification.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:________

LisaMoreno

Assistant Counsel

Division ofLegal Counsel

DATED: January 12, 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

---

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ILLINOIS ENVIRONMENTAL

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AG

DEC 27

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Tav CertifIcation/br Pollution Control Facilities

PROTECT/ONAGENCY

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APC 151 (Rev. 8/00)

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Sec. F

efo1lowing tnformation 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

Illinois Property Tax Code.

~atre~

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. D

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 plait map location is required for facilities located

outside_of municipal_boundanes._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 averape 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 tothe manufacturing processes. List also the final

disposal ofany 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.

Sec. F

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~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:

Illinois EPA

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

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application for certification.

APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)

POLLUTION

CONTROL FACILITY

WATER ~

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

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

FOR. AGENCY USE

-

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Tax Certi/Ication !br Pollution Control Facilities

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APC 151 (Rev. 8/00)

Page 1 of2

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Sec. F

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

Illinois Property Tax Code.

-

A~~1

~~-4

Signature

Ti e

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

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. P~plait 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.

Sec. D

Narrative description of the pollution control facility, indicating that its primary purpose is to eliminate, prevent or reduce pollution.

State the type ofcontrol 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 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 discharge to 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 collected substances. State the cost of reclamation and related expense.

Item (4)

—

State the date which the pollution control tacifit~jwas 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:

Iflinois EPA

Thomas McSwiggin

Donald E. Sutton

P.O. Box 19276

Permit Section

Permit Section

Springfield, IL 62794-9276

Division of Water Pollution Control

Division ofAir Pollution Control

Tax Certi/icatian lb; Pollution Control Facilities

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This A~ncv is autloi,ed to request

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information under Illinois Revised Statues. 1979.

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voluntary. However, failure to

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ad or could result in denial ot your

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APPLCATON FOR CERTIFICATION (PROPERTY TAX TREATMENT)

POLLUTION CONTROL FACILITy,

AIRD

WATER ~

ILLINOISP.

0.ENVIRONMENTAL

Box 19276, Springfield,

PROTECTION

IL 62794-921~

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DEC 27 2~

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FOR AGENCY USE

ILLINOIS ENVIRONMENTAL

PROTECTIONAGENCY

File

NO.

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Date Receivea

Certiticat~QM~WPC/PERMITSECTION

Date

Sec. A

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~onipany Name

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Person Authorized to Receive Certification

Person to Contact for Additional Details

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Street Address

Street Address

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Mur~icipaIity,State & Zip Code

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Municipality, State & Zip Code

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Telephone Number

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Location of Facility

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Nature of Operations Conducted at the Above Location

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Water Pollution Contro Co struction Permit No.

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NPDES PERMIT No.

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Expiration Date

Air Pollution Control Construction Permit No.

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IL 532-0222

lax Ceru/Icapo;; for Pollution Control Ifoci/ilies

APC 151 (Rev. 8/00)

Page 1 of2

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(1 Nature of Contaminants or Pollutants

Material Retained, Captured or Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR USE

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Are contaminants (or residues) col(ected by the control facility?

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Date installation completed

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status of installation on date of application

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a. FAIR CASH VALUE IF CONSIDERED REAL PROPERT”!:

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b. NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:

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c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:

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d. PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:

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Sec. F

The following information is submitted in acc dance ~Vith the Uili~ioIsProperty 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

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Illinois Property Tax Code.

141

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Signature

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Sec. G

INSTRUCTIONS FOR COMP)L1NG AND FILINO 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

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.

Sec. D

Narrative description ofthe 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 malor piece of equipment included in the claimed

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

collection efficiency.

Sec. E

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

disposal ofany contaminants removed from the manufacturing processes.

Item (I) — Refers to pollutants and contaminants removed fromthe process by the pollution controlfacility.

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.

-

Sec. F

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 ofthe 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.

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

Submit to:

Attention:

Attention:

llinois EPA

Thomas McSwiggin

Donald E. Sutton

P.O. Box 10276

Permit Section

Permit Section

Springfield, IL 62794-9276

Division of Water Pollution Control

Division of Air Pollution Control

lax(erti/ication ~ Po!luoon

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,2ntrOl fac~lities

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envelope addressed to:

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Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

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

GregoryM. Leigh

Bacon Hill Farms, Inc.

5087 E. ILL. 9 Highway

Avon Illinois 61415

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

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