R E C E
~V E ~
CLERK’S
OFFICE
AUG
OS
2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARTATE
OF
~LUNOIS
Pouution Control Board
HERITAGE
FS, INC.
)
(Property Identification
Number
)
06-10-06-400-005)
)
Petitioner
)
PCB
~-
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
NOTICE
Dorothy M.
Gunn,
Clerk
Heritage FS, Inc.
Illinois Pollution Control Board
Route
45
South, Box 339
James R.
Thompson Center
Gilman, Illinois 60938
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
PLEASE
TAKE
NOTICE
that
I have today filed
with the
Office ofthe
Clerk of the
Pollution Control
Board an APPEARANCE AND THE RECOMMENDATION ofthe Illinois Environmental Protection Agency, a
copy of which is herewith served
upon you.
ENVIRONMENTAL PROTECTION
AGENCY
OF THE
STATE
OF ILLINOIS
By:
lJCA~
~
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED:
August 2, 2004
Illinois
Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
62 794-9276
(217) 782-5544
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
CLERK’S
OFFICE
AUG
09
20O~
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILL~OIS
PolIut~on
Control Board
HERITAGE
FS, INC.
)
(Property Identification Number
)
06-10-06-400-005)
)
Petitioner
)
PCB~
)
(Tax
Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
APPEARANCE
The undersigned,
as one of its
attorneys,
hereby enters an APPEARANCE
on behalfof Respondent,
Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE
OF ILLINOIS
By:_________
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED:
August 2, 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~V
CLERK’S OFFICE
AUG
09
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOAI~ATE
OF
ILLiNOIS
PoIlut~onControl Board
HERITAGE FS,INC.
)
(Property Identification Number
)
PCB ~1-
06-10-06-400-005)
)
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 November 27, 2002, the Illinois EPA received a request from Heritage FS, Inc.
(log
number TC-1 1-02, Exhibit A) for an Illinois EPA recommendation regarding the tax
certification ofwater pollution control facilities pursuant to 35
111. Adm.
Code
125.204.
2.
The applicant’s address is:
Heritage FS, Inc.
-
Route 45
South, Box
339
Gilman, Illinois 60938
3.
The proposed water pollution control facilities in this
request
are
located at SE ¼
of
Section 6, T3 iN, Ri 2E ofthe 3’~
P.M. in Kankakee County, at the above street address,
and include the following:
Agrichemical
containment structures consisting of three liquid
agri
chemical
operational area containment structures; three bulk liquid agrichemical secondary
containment structures; one minibulk/package agrichemical secondary
containment struction (42 ft.
x 50 ft. x 0.75
if); the portion ofthe building over
one liquid agrichemical operational area containment
structure; associated
collection and recovery systems;
and one dry fertilizer operational containment
structures as approved under the Agency indorsed Agrichemical Facility Permit
No. 93032058
(Log No. 03027350).
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), defines “pollution
control facilities” as:
“any system, method, construction, device or appliance appurtenant tjiereto or any
portion of any building or equipment, that
is designed, constructed, installed or
THIS FILING
IS SUBMITTED
ON
RECYCLED PAPER
operated forthe primary purpose of:
(a)
eliminating, preventing, orreducing 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 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 primary
purpose of eliminating, preventing, or reducing water pollution, or as otherwise provided
in
35
Ill. Adm. Code
125.200.
7.
An additional water pollution control facilities in this request include:
The portion of the building over the minibulk/package agrichemical secondary
containment structure (42
ft. x 50 ft. x
0.75 ft.)
This facility is further described in Exhibit A.
-
8.
Based on the information included in this
submittal, the Illinois EPA has determined that
this facility is not a “Pollution
Control Facility” under 35
IAC
125.200(a) with the
primary purpose ofeliminating, preventing, or reducing water pollution, or as otherwise
provided in this section.
This determination is based on the following considerations:
The primarypurpose ofthe building over the mini-bulk and package
agrichemical
storage areas is to warehouse the products for future use.
Securing these mobile chemical
containers from theft or vandalism and protecting the products from
weathering are two
reasons
to use buildings for storage.
When pesticides or fertilizers are dry bagged, they
must be protected from precipitation
to maintain the quality ofthe product and the bag
for later
9.
The Illinois Environmental Protection Agency further recommends that the Board deny
the requested tax certification for the facility described in paragraph 8 above.
iO.
In accordance with 35
Ill. Adm. Code
125.204(b), the applicant is hereby advised that
he/she must
file a petition with the Illinois Pollution Control Board within 35
days ofthe
date ofservice ofthis letter to contest the Illinois EPA’s recommendation ofdenial.
The
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
applicant’s petition must be
filed with the Clerk ofthe Illinois Pollution Control Board
with a copy provided to
the Illinois EPA, and must:
1.
Specify the grounds for contesting the Illinois EPA’s recommendation; and
2.
Specify the date on which
the Illinois EPA served the applicant with a copy of
the recommendation for denial.
(35
Ill. Adm. Code
i25.206(a)
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
p.~
tZ/.e~.
s
Vera Herst
AssistantCounsel
Division of Legal Counsel
DATED:
August 2, 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
T~-I1-C
APPLICATION
FOR CERTIFICATION
(PROPERTY
TAX
TREATMENT)
This
Agency
is
authorized
to
request
this
POLLUTION
CONTROL FACILITY
information under
Illinois
Revised Statues,
1979
AIR
0
WATER
~
Chapter,
120.
Section
502a-5.
Disclosure of
this
information
is
voluntary.
However,
failure
cc
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
comply
could
prevent
your
application
from
P. 0. Box
19276, Springfield, IL
62794-9276
being
processed
or
~uld
result in denial
of
your
application for certification.
FOR AGENCY USE
File
No.
Date Received
Certification
No.
Date
Sec.
A
~
~
~
Co~~r~e5~
Inc.
Rt. 45 S.
Box 339 Gilman, IL
60938
815/265-4751
Person Authorized to
Receive Certification
Person to Contact for Additional Details
Keith Jionegger
Same
Street Address
StreetAddress
3200 Old Tray Road
Same
Municipality, State & Zip Code
Municipality,
State & Zip Code
GIe~’C?rbn~11
Same
Telephone
Number
Telephone Number
6l8/656-8~O46
Same
Location ot t-aciuty
Municipality
Township
Quarter Section
Townshio
Range
SEQ SEC 6 TWP 31N
RI2E
St.
George
Ganeer
Street Address
County
Book Number
P.O. Box
665
Mamteno, IL 60950
Kankakee
Property Identification Number
Parcel
Number
06-10-06-400-005
Sec.
B
CD
~c,,
~
~
~
~o
~
Nature of Operations Conducted at the Above Location
Mixing, Loading,.and Storing of Agrichemicals and Fertilizers
Water Pollution Control Construction Permit No.
Date
Issued
930320~
I .ng~
~71
~
NPDES PERMIT No,
March 27., 1998
Date
Issued
Expiration Date
~
Air Pollution Control Construction Permit No.
Date
Issued
Air Pollution Control Operating Permit No.
Date
Issued
Sec.
C
CD
~
~C/)
~
Describe UnitProcess
~
NOV ~7
.
—
Materials Used
in
Process
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY
BOW/WpCIpEAMIT
SECTION
Sec.
D
~
—cr0
~
~
~
~
~
~
Describe Pollution AbatementControl
Facility
-
-
.
—
iLAgrichemical containment
structure consisting
of
three
j...
.
.
.
.
,
,
,
,
,
—,
liquid
agrichemical operational
area
containment
structures
(22
x 102
x 1;
16
131
x .7~~&
18.7
x
65.3’ x.5’ );
four
secondary
containment
structures
(81 x86’ x3’; 30.3’ i53.3’ x3’; 42’
x50’
x.75’;
7
16’
x 44’ x2.95’);
a
Dry Fertilizer operational
containment structure
measuring 32’ x 165’
and
the
building
covering
any of said
structures
which prevents rain water from washing into chemical spill
collection sumps thereby maintaining
the
integrity
of the collection devise.,
Associated collection and
recovery systems as
approved
under the Agency endorsed Agrichemical Facility Permit No. 93032058
LA3~ fl~ 7/
ih...)UO..’.
IL 532-0222
APC
151
(Rev. 8/00)
Tax
Cernftcaion
for Pollution ControlFacilities
Page lof2
8/00
Illinois EPA Exhibit No.
I
(1)
Nature of Contaminants
or Pollutants
I.-
z
z
I-.
z-
iO
-o
I-
-J
0
U.
-J
0
I-.
z
0
0
z
0
0
CD
z
I.-
0
C.)
C.)
Tax
Cerr~/Ica:ion
for Pollution
Control Facilities
Page2of2
8/00
Sec.
E
Material Retained,
Captured
or Recovered
Contaminant or Pollutant
Agrichemicals
~a
-
DESCRIPTION
ious Corn and Soyb
DISPOSAL
OR
USE
an Pesticides
Recycle
Fertilizer
.
Va ions Nifrogen,
Phos
horns
& Potash
Recycle
(2)
Point(s) of Waste Water Discharge
Plans
and Specifications Attached
Yes
,
No
X
.1~L
(4)
Are contaminants
(or
residues)
collected by the control facility?
Yes
X
No
Date
installation
completed
~
.__...status
of installation on date of application 9_p~ratiOfla1
(5)
—
a.
FAIR CASH VALUE IF CONSIDERED
REAL PROPERTY:
$
60, 000
b.
NET SALVAGE VALUE IFCONSIDERED
REAL PROPERTY:
$
6, 000
c.
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
o
d.
PRODUCTIVE
NET ANNUAL INCOME
OFCONTROL FACILITY:
$
o
e.
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:
100
Sec.
F
~‘
F
The
following information
is submitted in accordance with the Illinois Property Tax Code, as amended,
and to the bestof my
knowledge,
is true and correct.
The facilities claimed herein are ~polIution
control
facilities” as defined in Section
11-10 of the
Illinois Property Tax Code.
.
-
Signature
Title
Sec.
G
,
.
~
~
~
~
~
-
-
—
INSTRUCTIONS FOR COMPILING
AND
FILING APPLICATION
General:
Separate applications must be completed
for each control facility claimed
flo
notrnixtypes(waterand_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 tobe contacted for further detailsor 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_numberis_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
contrci-faciIity 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 of
control
facility.
State
pemlit
number, date, and agency issuing permit.
Anarrative 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 averaoe 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 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 watér~carried
wastes from air pollution control facilities.
Submit drawings.
which clearlyshow (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 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 datewhich 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.
-
-Submitto:
Attention~
.
-
AttentnT~
—
-
l~inoisEPA
Thomas
McSwiggin
Donald E.
Sutton
P.O.
Box 19276
Permit
Section
Permit Section
-
Springfield, IL
62794-9276
Division ofWater Pollution Control
Division of
Air
Pollution Control
.
)
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 of Revenue
101
West Jefferson
Post Office Box
19033
Springfield,
Illinois
62794
(first class
mail)
Heritage FS, Inc.
Route
45
South, Box 339
Gilman,
Illinois
60938
(first class mail)
and mailing it from Springfield, Illinois
on
August
2, 2004 with sufficient postage affixed
as
indicated
above.
SUBSCRIBED AND SWORN TO BEFORE
ME
this 2nd
day ofAugust
2004
Notary Public
~)
~
~iv•
U
OFFICIAL
SEAL
BRENDA
BOEHNER
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
~::My
COMMISSION
EXPIRES
1
l-14-2005j
TillS
FILING
IS SUBMITTED
ON RECYCLED PAPER
