CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

JAN

1

42004

STATE OF ILLINOIS

WAYNE A. AND SUSAN E. BERGBOWER

)

PoHution Control Board

(Property Identification Number

)

PCB

04-

(‘~‘

I

90-08-16-300-009)

)

NOTICE

Dorothy M. Gunn, Clerk

Wayne A.

and Susan E.

Bergbower

Illinois Pollution Control Board

13433

N.

1425th

Street

James R.

Thompson Center

Newton Illinois 62448

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 of the

Pollution Control Board an APPEARANCE AND TilE RECOMMENDATION ofthe Illinois

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

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

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

THIS FILING IS SUBMITTED ON RECYCLED

PAPER

---

RECE~VED

CLERK’S OFFICE

JAN

142004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILL!NO~S

Pollution Control

Board

WAYNE A.

AND

SUSAN E. BERGBOWER

)

(Prop erty Identification Number

)

PCB 04-

/

1’

90-08-16-300-009)

)

APPEARANCE

The undersigned, as one ofits

attorneys, hereby enters

an APPEARANCE on behalfof

Respondent, Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECT

ON AGENCY

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

TIllS FILING IS SUBMITTED ON RECYCLED PAPER

---

RECE~VE~

CLERK’S OFFICE

JAN

14

2004

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution

Control Board

WAYNE A. AND SUSAN E. BERGBOWER

)

(Property Identification Number

)

PCB 04-

/

90-08-16-300-009)

)

RECOMMENDATION

The

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

hereby

files

its

Recommendation regarding the tax certification ofwater pollution

control facilities pursuant to

pursuant

to

Section

125.204 of the

regulations

of the Illinois

Pollution

Control

Board,

35

Ill.

Adm. Code

125.204.

1.

On

December

20,

2002

the

Illinois

EPA

received

a

request

from

Wayne

and

Susan

Bergbower

(log number

TC

19-02,

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:

Wayne and

Susan Bergbower

13433

N.

1425th

Street

Newton Illinois 62448

3.

The proposed water pollution

control

facilities in this

request are located

in

Section

16,

T7N, Range

1 OE of the

3rd

Principal

Meridian, Jasper County

at the above address, and

consist ofthe following livestock waste management facilities:

one concrete manure pit (40 ft.

x 212

ft. x

6

ft.) with twelve 12-inch PVC manure

pump-out ports and the slotted concrete portion ofthe floor over the manure pit in

each of2 swine confinement buildings (each 40 ft.

by 212

ft.).

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 ofthe Property Tax

Code,

35

ILCS

200/11-10,

defines “pollution control

facilities” as:

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

“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 2

00/1

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. Adrn. 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.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

Y~4~O

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

THIS FILING IS SUBMITTED ON RECYCLED

PAPER

---

APPLICATION FOR CERTIFICATION (PROPERTY TAX

TREATMENT)

POLLUTION

CONTROL FACILITY

AIRfl

WATER~

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

P. 0. Box 19276, Springfield,

IL

62794-9276

This

Agency

is

authorized

to

request

this

information

under Illinois

Revised Statues,

1979,

Chapter,

120.

Section

502a-5.

Disclosure ofthis

information

is

voluntary.

However,

failure

to

comply

could

prevent

your

application

from

being processed or could result in denial ofyour

application for certification.

FORAGENCY

USE

File

No.

Date

Received

Certification No.

Date

~h.

A

~

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z

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3-

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Company

Name

A

~

~

E.

Person Authorized to Receive Certification

Person

to Contact for Additional

Details

Wi-~-e-

~o~Uer-

~)Q~j~

~er~bowee~

Street Address

Street Address

It~3

N.

iI-5~--~S1~

sa~

Municipality,

State & Zip Code

Municipality, State

& Zip Code

LL

-~Y~

Telephone Numb~r

Telephone Number

(/~i7~3.c~)59

Location

of Facility

Municipality

Township

Quarter Section

Township

Range

S’ioi(0

Nj~er~

\~JQde.~

Street Address

County

Book Number

l3~~3

N.

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p.

31/

Property Identification Number

Parcel Number

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Nature of Operations

Conducted at the Above

Location

-

~A)aS~t~~

—

Water Pollution

Control Construction Permit

No.

N~

Date Issued

NPDES

PERMIT

No.

N

I

Date Issued

Expiration Date

Air Pollution

Control

Construction

Permit

No.

t\th’~t

Date Issued

Air Pollution

Control

Operating

Permit No.

~rth\

Date Issued

Sec.

C

~

0(3

~(3

—uJ

o ~

0

Describe

Unit Process

N/~

Materials

Used

in

Process

ILLINOIS

ENVIRONMENTAL

PROTECT/ONAGENCY

SOW/WPC/PERMIT SECTION

Sec.

D

~z

00

wp

F-3-

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Describe Pollution Abatement Control Facility

1k~

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IL,

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IL

532-0222

APC

151

(Rev. 8/00)

Tax

Certificationfor Pollution

Control Facilities

Page

of2

8/00

---

Sec. E

(1)

Nature of Contaminants or Pollutants

(I)

I-

z

z

I-

S

iO

F-

-j

0

U-

-J

0

F-

z

0

o

z

0

I-

0

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0

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0

S

H

0

0

0

0

Tax Cert~ficationJbrPollution

Control Facilities

Page 2

0/2

8/00

Contaminant

or

Pollutant

..swh’-ie.

ry\anure..

DESCRIPTION

DISPOSAL

OR

USE

Material

Retained.

Caotured

or

Recovered

(~)

Point(s) of Waste

Water Discharge

—

~

I

Plans

and

Specifications Attached

Yes

No

(4)

Are contaminants (or residues) collected by the control

facility?

Yes

)(.

No

Date

installation

completed

~

of installation on

date of application

(5).

a.

FAIR

CASH VALUE

IF CONSIDERED

REAL PROPERTY:

$

~

3

0~

o0Q~

b.

NET

SALVAGE VALUE

IF

CONSIDERED

REAL PROPERTY:

$

3 O, OoO.~

c.

PRODUCTIVE

GROSS ANNUAL INCOME OF CONTROL

FACILITY:

$

(/5’

000~

d.

PRODUCTIVE

NET ANNUAL INCOME

OF CONTROL

FACILITY:

$

~

5

~

oO,

—

e.

PERCENTAGE

CONTROL

FACILITY BEARS TO WHOLE

FACILITY VALUE:

i4~~i535

Sec. F

~

~

~

Sec.

G

The tollowing 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.

L~J~&

h1~

-

Sgn~ure-~-~-’~

~

Title

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

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_boundales._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

controlfadlity is used.

Sec. D

Narrative description

of the pollution control facility,

indicating

that

its primarypurpuseis 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 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

Sec.

F

disposal of any

contaminants removed

from the manufacturing

processes.

Item (1)— Refers to pollutants and contaminants removed

from the process by the pollutioncontrol 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)Sewars

and process piping

to and from the control

facility.

Item

(3)

—

If the collected

contaminants are disposed

ofother than

as wastes,

state the disposition of the materials,

and the value

in dollars

reclaimed by

sale 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.

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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iiuiiiOlS

Burr

tiu

of

Eflvirorlrncntal

Progranis

•

State

Fairgrounds

•

P.O.

Box

19281

*

Springfield.

IL 6?

794-9281

217/785-2427

(yoicc/TDD)

Fax

21.7/524-4882

•

Pesticide

Misuse

l-loLIinc

1-800-641-3934

(voicelTDD)

LIVESTOCK

WAS1E

PROGRAM

‘I

0170E OF /NTEA/I TO

CONSTRLJCTt~

RE

VIEW

DEN/AL

NOT/F/CAT/ON

Dear

Applicant.:

Your

Notice of

Intent

to

Construct

was

received

by

the

Department

and

processed

accordingly.

E’ursuant

to

35

IAC

506103

(d),

the

Department

has

reviewed the

application

and

determined

the

facility

is

not

a

“New

Facility”,

as

defined

pursuant

to

35

IAC

506.103.

Based

upon

this

determination,

the

facility

is

not.

required to file a

Notice of Intent to

Construct

with

the Department,

pursuant

to

:35

IAC 306.701

(a).

Please

he advised

that

this facility

must

comply

with all

other

applicable setback

requirements

found

in

35

JAC

501.402,

as referenced

in

35

1AC

506.702.

-

We

appreciate your

cooperation

with

the

Department

on

this matter.

Should

you

have any questions

or

comments

regarding

this

letter

or ii

we

CaII

he

of

further

assistance

to

you

during

this

process.

please contact

us at

(217)

7&S.-2427.

Sii:cerefy.

-.

‘S

I.

Gerad

C.

Kirhach,

Manager

Permits

and

Downstate

Field

Operations

Applicant:

Date:

February

9.

1998

Wayne

A.

l3ergbower

~acility

Ill)

Number:

LF0790070000

13433

N.

14250

St.

Facility

Location:

Newton,

EL

Newton,

ft. 62448

Dak Received:

January

22.

1998

Wall-en D.

(ioetsch,

P.L.

Chief,

Bureau of Environmental

Programs

‘I

---

)

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

Wayne and Susan Bergbower

Illinois Pollution Control Board

13433 N.

1425th

Street

James R. Thompson Center

Newton Illinois 62448

100 WestRandolph 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 SWOP~NTO BEFORE ME

this _th day of January 2004.

Notary Public

THIS

FILING IS SUBMITTED ON RECYCLED PAPER