RECENVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’S OFFICE
GRASS
MAN LAWN CARE
(Property Indentification Number
07-13-400-004-006)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
NOTICE
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 of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
Emmet Rusteberg
Grass Man Lawn Care
956
State Route
Post Office Box 105
Waterloo, Illinois 62298
DATED: May 24, 2004
Illinois Environmental Protection Agency
1021 North GrandAvenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLiNOIS
By:
~
Vera Herst
Assistant Counsel
Division of Legal Counsel
Petitioner,
)
)
MAY 2 6 2004
STATE OF ILLINOIS
Pollution Control Board
)PCBO4-
?~~
)
(Tax
Certification)
PLEASE TAKE NOTICE
that I have today filed with the Office ofthe Clerk of the Pollution Control
Board anAPPEARANCE AND THE
RECOMMENDATION of the Illinois
Environmental Protection Agency, a
copy of which is herewith served upon you.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 26 200k
GRASS MAN LAWN CARE
)
STATE OF
ILLINOIS
(Property Indentification Number
)
Pollution Control Board
07-13-400-004-006)
)
Petitioner,
)
)
PCBO4-
?I)~
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
APPEARANCE
The undersigned, as one ofits attorneys, hereby enters an APPEARANCE on behalfof Respondent, Illinois
Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
~
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED: May 24, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
GRASS MAN
LAWN
CARE
)
(Property Identification Number
)
PCB 04- ~1
07-13-400-004-006)
)
Tax Certification)
)
RECENVED
CLERK’S OFFICE
MAY 2 62004
STATE OF ILLINOIS
Pollution Control Board
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 23, 2002, the Illinois EPA received a request from Grass Man Law
Care (log number TC-20-02, Exhibit A) for an Illinois EPA recommendation
regarding the tax certification ofwaterpollution control facilities pursuant to 35
Ill. Adm. Code 125.204.
2.
The applicant’s address is:
Mr. Emmet Rusteberg
Grass Man Lawn Care
956
State Route, Post Office Box 105
Waterloo, Illinois 62298
3.
The proposed water pollution control facilities in this request are located at
Section 13, T2S, R1OW ofthe
3rd
P.M. in Monroe County, at the above street
address and consist ofthe following:
Property IdentificationNo. 07-13-400-004-006
Agrichemical containment structures consisting ofone liquid agrichemical
operational area containment structure; one bulk liquid agrichemical
secondary containment structure; the portion ofthe building over one
liquid agrichemical operational area containment structure and one bulk
liquid agrichemical secondary containment structure; and associated
THIS FILING
SUBMITTED ON RECYCLED PAPER
collection and recovery systems as approved under Agency endorsed
Agrichemical Facility Permit No. 96064327 (Log No.
01056587).
These facilities collect, transport, and store agrichemical rinsates, residues, or
washwaters prior to reuse or disposal, and are further described in Exhibit A.
4.
Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2002), 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 waterpollution
. . .
or (b)
treating, pretreating, modifying or disposing ofany 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 engineering judgment that the described facilities maybe
considered “pollution control facilities,” pursuant to 35 111. Adm. Code
125.200(a), with the primary purpose ofeliminating, preventing, or reducing
water pollution, or as otherwise provided in 35 ill. Adm. Code 125.200, and are
eligible fortax 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:
Vera
~—
Herst
~
Assistant Counsel
Division ofLegal Counsel
Dated: May24, 2004
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
Watershed Unit Tax Certification Review Sheet
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Physical Description of Pollution Control Devices:
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Title:
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Grassman Lawncare, mc,
P10. Box 105
Waterloo,
Illinois
62298
618-939-6467
February 13, 2004
j~Dayj~in
217-782-3362,217785-122~Fax
iiiinIig~artmentofAgriculture
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P.O. Box 19281
Springfield, IllinoIs 62794-9281
Dear Mr. Ginder:
Enclosed is the additional information you requested:
#1, The portion of the building used for containment, chemical storage, and
loading/wash pad.
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#2. Month and Year Building was built.
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#3. Estimate cost of pollution control facility area.
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Sincerely yours,
c~-
Emmett Rusteberg
President
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FEB 1 8 2004
Watershed Management Section
BUREAU
OF WATER
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This Agency is authorized to request this
information under Illinois Revised Statues, 1979,
Chapter, 120, Section
502a-5.
Disclosure of this
information is voluntary. However, failure to
comply could prevent your application from
being processed or could result in denial of your
application for certification.
IL 532-0222
APC
151 (Rev. 8/00)
Tax Certification
for PolIwion Conirol
Facilities
Page / of2
8/00
APPLICATION FOR CERTIFICATION (PROPERTY
TAX
TREATMENT)
POLLUTION CONTROL FACILITY
AIRD
WATER ~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. 0. Box 19276, Springfield, 1L 62794-9276
FOR AGENCY USE
File No.
Date
Received
Certification
No.
Date
Sec. A
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Company Name
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Perso’n Authorized to Receive Certification
Person to Contact for Additional Details
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Street Address
Street Address
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Municipality, State & Zip Code
Municipality, State & Zip Code
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Telephone Number
Telephone Number
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Location of Facility
Municipality
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County
Book Number
Property
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Identification
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Nature of Operations Conducted at the Above Location
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Water Pollution
Control Construction Permit No.
I
Date Issued
NPDES PERMIT No.
Air Pollution Control Construction Permit No.
Air Pollution Control Operating Permit No.
Date Issued
Expiration Date
Date Issued
Date Issued
DEC 23 200
Sec. C
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Describe Unit Process
ILLINOiSPROTECTIONENVIRONMENTALAGENCY
BOW/WPCIpERMIT SECTION
Materials Used inProcess
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Describe Pollution Abatement Control Facility
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DESCRIPTION
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Plans and Specifications Attached Yes
(3~Are contaminants (or residues) collected by the control facility?
Yes
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No
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(4)
Date installation completed
of installation on date of application
(5)
b.a. NETFAIRSALVAGECASH
VALUEVALUEIF CONSIDEREDIF
CONSIDEREDREALREALPROPERTY:PROPERTY:
$
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c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
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d. PRODUCTIVE NET ANN hAL INCOME OF CONTROL FACILITY:
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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.
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INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
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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. It attachments are needed, record them consecutively on an index sheet.
Sec.
•
A
;
Sec. B
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)
Sec. C
Sec. D
Refers to manufacturing processes or materials on which pollution control facility is used.
I
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. In’~ludea listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an s~j~g~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
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 of the materials, and the value
ri 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 js essential to the certification and assessment actions. This accounting data must be completed to
activate oroject review prior to certification by this Agency.
Self-explanatory. Signature must be a corporate authorized signature.
I
.
~
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S~brnitto:
Attention:
Attention:
Illinois EPA
Thomas McSwiggin
Donald E. Sutton
°.O.Box 19276
Permit Section
Permit Section
Springfield, IL 62794-9276
Division of Water Pollution Control
Division of Air Pollution Control
Tax ceri~flcaiionfor Pollution Control Facilities
Page 2of2
8/00
Sec. E
(1) Nature of Contaminants or Pollutants
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Material Retained, Captured or Recovered
e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:
Gross
IV1CIfl Lawn Care, Inc.
BOX
105
WATERLOO, ILLINOIS 62298
PHONE 618/939-6467
CALL US FOR A FREE ESTIMATE
“With our care, the best grass will grow there”
PROFESSIONAL SPRAYING OF GRASS
TREES
•
EVERGREENS
STATE LICENSED
D~C~~
$ ~~/:
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY
BOW/WPC/PERMIT SECTION
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State ofIllinois
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Department of
Agriculture
1AJPC~
-
AGRICHEMICAL FACILITY PERMIT
-
Perinittee:
- .
Facility ID Number: AC1334050000
-....
.
..
.
Facifity Locaflon:
Waterloo, ~
Grass Man Lawn Care
...
.
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POBox 105
.
.
...
.
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Waterloo, IL 62298
-
-
Permit #
AC96064327
-
-
Log Number
-~
0105 87
Facilit) Type Commercial Retail De er
Date Received
-
May 3 2001
-
DateIssued
August 28, 2001
Expiration Date
August 8, 2006
Permit is hereby granted to?the above designated permiftee to consthict and operate an a~chemical
containment facility as ~lk~’ws:
?OPERATIONAL CONTAINMENT STRUCTURES
Operation of an existi~greinforced concrete operational containment structure with the greatest
dimensions measuringl,\1 1.33’ (width) x 26.33’ (length) x 0.41’ (depth) with a tota’ design capacity of
232.0 cubic feet (fl.3). ~t.~iefloor shall slope to a single sump measuring 3’ (width) x 8’ (length) x
5.5’
(depth) to facilitate the collection and recovery of all escaped product and/or agrichemical
wastewater. All recovered ~ff~uentshall be transferred to a single 200 gallon recbvery tank with a
manually activated sump pump~\A1lloading, unloading and washing ofbulk 1ic~idagrichemical
transportation and application eq~iipmentshall be performed upon the hereinpe~’rnittedstructure.
SECONDAR~ONTAINMENTSTRUCTURES
Operation of an existing reinforced cory~retesecondary containment structure ,gieasuring 8.83’ (width)
x
9.5’
(length) x 3.3’ (height) with a total design capacityof201.0 cubic feetflL3). The floor shall
slope to the lowest elevation to facilit~tethe collection and recovery ofallL~scapedproduct and/or
agrichemical wastewater. All recovere’~effluentshall be transferred to th~aforementioned 200 gallon
recovery tank(s) with a manually activateci’.~unippump. Segregation sha~1be performed based upon
the applicable target crop and label use. All bul1c~quidfertilizer shall b~stored within the said
structure.
There shall be no discharge ofwastewater fro the herein per~Id facilities.
This permit has been reviewed and approved by the ~~Enviro~mental
Protection Agency per the
attached permit endorsement. This permit is subject to standard conditions on the reverse side ofthis
document and the following special conditions:
i
.
4.
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F1
SEP 132001
V~c~cd
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STANDARD CONDITIONS FOR AGRICHEMICAL FACILITY PERMiTS
ISSUED BY THE ILLINOIS DEPARTMENT OF AGRICULTURE
The illinois Pesticide Act
(415
ILCS 60) and the
Illinois
Fertilizer Act of 1961 (505 ILCS 80) authorizes the Illinois
Department of Agriculture to impose standard conditions on permits which it issues. The following standard conditions
are applicable unless superseded by special condition(s):
1. The construction or development coveredby this permit shall be done in compliance with applicable provisions of
the illinois Pesticide Act, the illinois Fertilizer Act of 1961, the illinois Environmental Protection Act and regulations
adopted therein, and any applicable federal rules and regulations.
2. There shall be no deviations from the approved plans and specifications unless a written request for modification,
along with plans and specifications as required, is submitted to the Department and a supplemental or modified
permit is issued.
3. There shall be no discharge of agrichemicals, agrichemical residues, rinsates or agrichemical contaminated wash
water from the permitted facilityto the waters of the State. Accumulated precipitation from containment structures
may be discharged provided the following conditions are met pursuant to 8 Illinois Administrative Code 255.110
and the Illinois Environmental Protection Act and rules and regulations adopted thereunder:
a. The discharge shall not cause water quality violations;
b. The discharge shall not cause a pesticide release;
c. The containment structures have been rinsed and cleaned of agrichemicals prior to discharge.
4. Agrichemicals, agricheniical residues, rinsates or agrichemicalcontaminatedwash water collected by the agrichern.ical
containment structures shall be properly reused on agricultural land or disposed in accordance with the
requirements of 8 Illinois Administrative Code 255.110 and the Illinois Environmental Protection Act and rules and
regulations adopted thereunder.
5. The permittee shall allow any duly authorized representative of the Department or the Agency, upon the
presentation of credentials, at reasonable times:
a. to enter the permittee’s property where a permitted agrichemical facility is located or where any activity is to
be conducted pursuant to this permit;
b. to have access to and copy any records required to be kept under the terms and conditions of this permit or by
8 illinois Administrative Code 255;
c. to inspect, during any hours of operation of equipment or structures constructed or operated under this permit,
such equipment and structures are required to be kept, used, operated, and maintained under this permit;
d. to enter and utilize any photographic equipment for the purpose of preserving or recording any activity or
structure as authorized by this permit;
e. to obtain and remove, at reasonable times, samples of any discharge or emission of pollutants.
6. The issuance of this permit:
a. shall not be considered as, in any manner, affecting the title of the premises upon which the permitted facilities
are located;
b. does not release the permittee from any liability for damage to person or property caused by the construction,
maintenance or the operation of the proposed facilities;
c. does not release the permittee from compliance with other applicable statutes and regulations of the United
States, of the State of illinois or with applicable local laws, ordinances and regulations;
d. does not take into consideration or attest to the structural stability of any units or parts of the project;
e. in no manner implies or suggests that the illinois Department of Agriculture or the Illinois Environmental
Protection Agency (or its officers, agents or employees) assumes any liability, directly or indirectly, for any loss
due to damage, installation, maintenance, or operation of the proposed equipment, structures or facility.
7. These standard conditions shall prevail unless modified by special conditions.
8. The illinois Department of Agriculture may suspend or revoke a permit:
a. upon discovery that the permit application contained misrepresentations, misinformation or false statements or
that relevant facts were not disclosed; or
b. upon finding a violation of any standard or special
conditions;
c. upon any violation of the Illinois Department of Agriculture’s or illinois Environmental Protection Agency’s
rules or regulations effective thereunder.
9. The Illinois Environmental Protection Agency endorsement of this permit shall expire concurrently with the
expiration of this permit.
10. The illinois Environmental Protection Agency endorsement of this permit does not grant immunity from enforcement
action found necessary by the Illinois Environmental Protection Agency to meet its responsibilities in prevention,
abatement, and control of water or air pollution.
revised 2/95
Grass Man Lawn Care
State of Illinois
Department of
Agriculture
AGRICHEMICAL FACILITY PERMIT
SPECIAL CONDITION 1:
The permittee shall provide backflow protection in accordance
with the Illinois Department ofPublic HealthPlumbing Code (77
Iii. Adm. Code 890) and the
Illinois Environmental Protection Agency’s Technical Policy Statement
(35
Ill. Adm. Code
653.803(c)(4).
THE STANDARD CONDITIONS ON~SUANCEON THE REVERSE S ES OF THIS MUST
BE
COMPLIED WITH IN FULL.
Warren D. Goetsch, P.E.
Gerald C. Kirbach, Man~
Administrator, Division of N ral Resources
Permits and Downstate F
cc: Illinois EPA: WPC: ermits
file
a:133405.per
~er
eld Operations
Page
2
STANDARD CONDITIONS FOR AGRICHEMICAL FACILITY PERMITS
ISSUED BY THE ILLINOIS DEPARTMENT OF AGRICULTURE
-
The Illinois Pesticide Act (415 ILCS 60) and the illinois Fertilizer Act of 1961 (505 TICS 80) authorizes the Illinois
Department of Agriculture to impose standard conditions on permits which it issues. The following standard conditions
are applicable unless superseded by special condition(s):
1. The construction or development covered by this permit sh~dlbe done in compliance with applicable provisions of
the illinois Pesticide Act, the illinois Fertilizer Act of 1961, the illinois Environmental Protection Actand regulations
adopted therein, and any applicable federal rules and regulations.
2. There shall be no deviations from the approved plans and specifications unless a written request for modification,
along with plans and specifications as required, is submitted to the Department and a supplemental or modified
permit is issued.
3. Theme shall be no discharge of agrichemicals, agrichemical residues, rinsates or agrichemical contaminated wash
water from the permitted facility to the waters of the State. Accumulated precipitation from containment structures
may be discharged provided the following conditions are met pursuant to 8 Illinois Administrative Code 255.110
and the flhinois Environmental Protection Act and rules and regulations adopted thereunder:
a. The discharge shall not cause water quality violations;
b. The discharge shall not cause a pesticide release;
c. The containment structures have been rinsed and cleaned of agrichemicals prior to discharge.
4. Agrichemicals, agrichemical residues, rinsates oragrichemical contaminated wash water collected by the agricheniical
containment structures shall be properly reused on agricultural land or disposed in accordance with the
requirements of 8 illinois Administrative Code 255.110 and the Illinois Environmental Protection Act and rules and
regulations adopted thereunder.
5. The permittee shall allow any duly authorized representative of the Department or the Agency, upon the
presentation of credentials, at reasonable times:
a. to enter the permittee’s property where a permitted agrichemical facility is located or where any activity is to
be conducted pursuant to this permit;
b. to have access to and copy any records required to be kept under the terms and conditions of this permit or by
8 illinois Administrative Code 255;
c. to inspect, during any hours of operation of equipment or structures constructed or operated under this permit,
such equipment and structures are required to be kept, used, operated, and maintained under this permit;
d. to enter and utilize any photographic equipment for the purpose of preserving or recording any activity or
structure as authorized by this permit;
e. to obtain and remove, at reasonable times, samples of any discharge or emission of pollutants.
6. The issuance of this permit:
a. shall not be considered as, in any manner, affecting the title of the premises upon which the permitted facilities
are located;
b. does not release the permittee from any liability for damage to person or property caused by the construction,
maintenance or the operation of the proposed facilities;
c. does not release the permittee from compliance with other applicable statutes and regulations of the United
States, of the State of Illinois or with applicable local laws, ordinances and regulations;
d. does not take into consideration or attest to the structural stability of any units or parts of the project;
e. in no manner implies or suggests that the illinois Department of Agriculture or the Illinois Environmental
Protection Agency (or its officers, agents oremployees) assumes any liability, directly or indirc dy, for any loss
due to damage, installation, maintenance, or operation of the proposed equipment, structure or facility.
7. These standard conditions shall prevail unless modified by special conditions.
8. The illinois Department of Agriculture may suspend or revoke a permit:
a. upon discovery that the permit application contained misrepresentations, misinformation or fals
itements or
that relevant facts were not disclosed; or
b. upon finding a violation of any standard or special conditions;
c. upon any violation of the Illinois Department of Agriculture’s or Illinois Environmental Protec
•
rt
Agency’s
rules or regulations effective thereunder.
9. The illinois Environmental Protection Agency endorsement of this permit shall expire concurrently with the
expiration of this permit.
10. The flhinois Environmental Protection Agency endorsement ofthis permit does not grant immunity from enforcement
action found necessary by the Illinois Environmental Protection Agency to meet its responsibilities in prevention,
abatement, and control of water or air pollution.
revised
2/95
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
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
(first class mail)
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
(first class mail)
EmmetRusteberg
Grass Man Lawn Care
956
State Route
Post Office Box 105
Waterloo, Illinois 62298
(first class mail)
and mailing it from Springfield, Illinois on May 24, 2004 with
sufficient postage
affixed as indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
this 24~”day ofMay, 2004
~,,~...~/‘Notary
Public
OFFICIAL ~EA
~
CYNTHIA L.
WOLFE
~
•~NOTARY
PUBUCI STATE OF ILUNOIS ~
MY COMMISSION EXPIRES 3~2O-2Oo71
• .,~-.~-‘--—------
THIS FILING IS SUBMITTED ON RECYCLED PAPER