BURROUGHS AG SERVICE, INC.- LOSTANT
(Property Identification Number
31-27-307-000)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
DorothyM. Gumi, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite.
11-500
Chicago, Illinois 60601
NOTICE
~ECE~VED
CLERK’S OFFICE
DEC
06
200k
STATE OF ILLII~OIS
,Pollution
ControlBoard
)
)
PCBO4-
)
(Tax Certification)
)
)
)
Keith Honegger
3200 Old Troy Road
Glen Carbon, Illinois 62034
Steve Santarelli
Illinois Department of Revenue
101
West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
Burroughs Ag Service, Inc.
Box 488
Toluca, IL 61369-9801
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 of which is herewith
served
upon you.
DATED:
December 3, 2004
illinois Environmental Protection Agency
1021 North Gi~and
Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
217-782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
Counsel
Division of Legal Counsel
THIS
FILING IS SUBMITTED ON RECYCLED
PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECE~V~D
CLERK’S OFFICE
DEC
062004
BURROUGHS AG SERVICE, INC.- LOSTANT
)
STATE OF ILUNDIS
(Property Identification Number
31-27-307-000)
Petitioner,
)
)
)
)
~s•~f~
PCB 04~
Pollution
‘
~
Control
Board
)
(Tax Certification)
)
)
)
APPEARANCE
The undersigned, as one ofits
attorneys, hereby enters an
APPEARANCE
on behalf ofthe
Respondent,
Illinois Environmental Protection Agency.
DATED:
December 3, 2004
Illinois Environmental Protection Agency
102 1Nofth Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
Counsel
Division ofLegal Counsel
THIS FILING IS
SUBMITI’ED ONRECYCLED
PAPER
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
062004
STATE OF ILLINOIS
BURROUGHS AG SERVICE, INC.- LOSTANT
)
Pollution
Control Board
(Property Identification Number
)
3 1-27-307-000)
)
Petitioner,
)
PCB D4-
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency (“Illinois EPA”) by James Allen
Day, one ofits attorneys, and pursuant to Section
125.204 ofthe Illinois Pollution Control
Board’s (Board) regulations files the following Recommendation regarding the tax certification
ofwater pollution control facilities pursuant to 35
Ill. Adm.
Code 125.204.
1)
On December 2, 2002, the Illinois EPA reôeivéd a request from Burroughs Ag Service,
Inc. for an Illinois EPA recommendation regarding the tax certification ofwater pollution
control facilities pursuant to
35 Ill. Adm. Code
125.204, arid noted the request as log
number TC-13-02. (Exhibit A)
2)
The applicant’s mailing address is:
Burroughs Ag Service, Inc.
Box 488
Toluca, Illinois 61369-9801
3)
The waterpollution control facilities in this request are located at Section 27, Township
31 North, Range 2 East of the
3rd
Principal Meridian in LaSalle County, Illinois
and
include the following two separate facilities forpurposes ofthis recommendation:
(a)
Agrichemical containment structures consisting ofone minibulk/package
agrichemical secondary containment structure as approved under the Agency
endorsed Agrichemical Facility Permit No. 97084938 (Log No. 02097240).
(These facilities are further described in Exhibit A.)
(b)
The portion ofthe building over the minibulklpackage agrichemical
secondary containment structure.
(These facilities are further described in Exhibit
A.)
4.
Section 11-10 ofthe 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 ofany building or equipment, that is
designed, constructed,
installed or operated for the primarypurpose of:
(a) eliminating, preventing, or reducing
air or waterpollution
..
.
or (b) treating, pretreating, modifying ordisposing
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
(2000).
6.
With respect to the facilities described in Paragraph 3(a) above (the containment
structures, building and associated collection and recovery systems), these facilities were
covered under the tax certification Log No. TC-49-98 issued March 20, 2000 by the
IllinOis EPA and therefore
do not require consideration or recommendation in this
action
by the Illinois Pollution Control Board.
7.
With respect to the facilities described in Paragraph 3(b) above (the portion ofthe
building over the minibulklpackage agrichemical secondary containment structure), based
on the information in the application and the purpose ofthe facilities (to
warehouse
products for future use), it is the Illinois EPA’s engineeringjudgment that the described
facilities are not “pollution control facilities,” pursuant to 35 Ill. Adm.
Code 125.200(a),
with the primary purpose ofeliminating, preventing, or reducing waterpollution, or as
otherwise provided in 35 Ill. Adm. Code
125.200.
Therefore, the facilities arenot eligible
for tax certification from the Board.
8.
Therefore, the Illinois EPA recommends thatthe Board take no
action with respect to the
facilities described in Paragraph 3(a) above (the containment structures, building and
associated collection and recovery systems) and deny the requested tax certification for
the facilities described in Paragraph 3(b) above (the portion ofthe building over the
minibulk/package agrichemical secondary containment structure).
Illinois Environmental Protection Agency
By:
December 3, 2004
Illinois Environmental Protection Agency
1021
North Grand Ave. B.
P.O.Box
19276
Springfield, Illinois 62794-9276
217/782-5544
Counsel
Division ofLegal Counsel
)
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
APPEARANCE AND
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
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
Post Office Box
19033
Springfield, Illinois
62794
Keith Honegger
3200 Old Troy Road
Glen Carbon, illinois 62034
Burroughs Ag Service, Inc.
Box 488
Toluca, IL 61369-9801
and mailing it from Springfield, Illinois on
December 3,
2004 with sufficient postage affixed for
first class mail.
SUBSCRiBED AND SWORN TO BEFORE ME
this third day ofDecember, 2004
Public
.rn....v~...
OFFICIAL
SEAL
:~
CYNT~1~A
L
WOLFE
:~
:~:
~OTA~Y
PUBUC
STATE
OF IWWOt~
~ M~
COMMISSION EXPIRES
3~2O2OO~
:~‘
THIS FILING IS SUBMIYFED
ON RECYCLED PAPER
APPLICATION
FOR CERTIFICATION (PROPERTY
TAX
TREATMENT)
mis
Agency
is
authorized
to
request
this
POLLUTION
CONTROL FACILITY
information under Illinois Revised Statues,
1979,
AIR
0
WATER
~
Chapter,
120,
Section
502a.5.
Disclosure ofthis
information
is
voluntary.
However,
failure to
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 ofyour
application for certification.
FOR AGENCY
USE
File
No.
Date Received
Certification
No.
Date
Sec.
A
~..
~
~
~
Ag
Services,
Inc.
Box 488 Toluca, IL 61369-9801
815/452-2377
Person
Authorized to Receive Certification
Person to Contact for Additional Details
Keith ilonegger
Same
Street Address
Street
Address
3200 Old Troy Road
Same
Municipality,
State & Zip Code
Municipality, State & Zip Code
Glen
Carbon.IL
62034
Same
Telephone
Number
Telephone Number
~cis!tic6-Ra46
Same
Location of Facility
Municipality
Township
~e27
T31~i~~
Range
Los~nt
Richiand
Street Address
County
Book Number
1310 E.
9t1~
Road
Streator,, IL 61364
LaSalle
Sec.
B
~
~
~
~o
~
Property Identification Number
Parcel Number
.31-27-307-000
(~ireviousapplication was under the
PIN
Nature of Operations Conducted at the Above Location
I-’
~
\7 4•~
Loading, and
Storing of Agrichemicals and Fertilizers
DEC
C
2 2~2
ILLINOIS
ENVIRONMENTAL
Water
Pollution
Control
Construction Permit No.
97084938
Log# 97084938
NPDES PERMIT No.
Date
Issued
PROTECTION AGENCY
Se~.t~i~~MIT
SECTION
Date
Issued
Expiration
Date
Air Pollution Control Construction Permit No.
Date
Issued
Air Pollution Control
Operating Permit No.
Date
Issued
Sec.
C
(~t
z
D~Q,
~u)
b
~
0
u_~
~Q.
~
Qescribe Unit Process
Materials Used
in Proäess
.
Sec.
D
~
~
~
~
~
~
Describe Pollution Abatement Control
Facility
Note~The.following.described
structure,
is one
that
wasnot
previously
certified
by IEPA
under
a
1998
application.
The
purpose
of
this
application is to
include the
structure
and the building covering
the structure as
a
certified agrichemicalcontainment structure
on
the
existing
certification No.
21RA-ILL-WPC-98-49.
The
structure
is a
Seeondaiy agrichemical
containment
structuremeasuring
60’
x 68’ x .33’.
All
mini-bulkand
packaged agrichemicals shall be stored within said
structure as
approved under the Agency
endorsed
Agnchemical
Facility
Permit No. 97084938 Log#
97084938.
IL 532-0222
Tax
Certificationfor Pollution Control Facilities
APC
151
(Rev. 8/00)
Page! of2
8/00
Sec.
E
(1)
Nature
of Contaminants
or
Pollutants
C,)
I—
2
z
z
0
)~0
-J
C)
U-
-J
0
z
0
C.)
z
0
I-
0
0
z
z
C
C.)
0
Tax
Cert(ficationfor Pollution Control Facilities
Page2of2
8/00
V
mite
fr-weUyi
Phni
Material
Retained, Captured
or Recovered
~ontarninant or Pollutant
AgrJcheinicals
V:
DESCRIPTION
rious
torn
and Soyl
DISPOSAL
OR
USE
can
Pesticides
Recycle
.....~
~.
(2)
Point(s) of Waste
Water Discharqe
‘~hiie
£.
Pnf’,~h
P,’p,,r’1,’~
~
Plans
and Specifications Attached
Yes
No
A
~j_
Are contaminants
(or residues)
collected by the control
facility?
Yes
X
No
(4)
Date
installation
completed
..j..9.9_8
status
of installation
on date of applicationgp~j~p..~1
(5)
a.
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
60, 000
b.
NET SALVAGE VALUE
IF CONSIDERED REAL PROPERTY:
$
6, 000
C.
PRODUCTIVE GROSS ANNUAL INCOME
OF CONTROL FACILITY:
$
d.
PRODUCTIVE
NET ANNUAL INCOME OF CONTROL FACILITY:
e.
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE
FACILITY VALUE:
ioo
Sec.
F
TF~folIowing
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 “pollution control
facilities” as defined in S~ction
11-10
of the
!~
Illinois Property Tax Code.
~
-
ignature
Title
Sec. 0
INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
General:
Separate applications
must be completed for each control facilityclaimed.
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 applicantas 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.
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 ~oIlution
control facility.
Includea
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 ofthe 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
fron~
air pollution control facilities.
Submit drawings,
which clearly show (a) Point(s) ofdischarge to receiving stream,
and (b) Sewers
and
process piping to and
fromthe-control-
Sec.
F
facility.
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
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 thisAgency.
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 ofAir Pollution Control
£2/2804
09:48
217—524—4882
£~FT
~o/~ur~
t.r~v
rr’~ü
State ofIllinois
Department ofAgriculture
AGIUCHEMICAL FACILITY PERMIT
Operation
of
an exi~ti1~g
rèinforced’i
dimensions
measuring
~~6’.(width
cubic
feet
(ft3).
The
flod’r~ial1s
to
facilitate
the
collection a~d~recc
recovered effluent shallbe
activated sump
pump.
Segregati~n
shz
use.
All loading, unloading and ~y~shiu
equipment
shall
be performed upon the
0N)
Operation
of
an existing
reinforced
con’~r~’te
secon
(width) x
42’ (length) x 2’
(height) with
a
shall slope to a single sump measuring 2’
(~
recoveiyofall escaped product and/or
transferred to one (1) ofthe two (2)
activated sump pump.
Segregation shall be
use.
All
bulk liquid
pesti~ides
shall be
stored
refen-edto
as SC-i.
,~
‘~?,~:;~
~
JES
ig
exate an a~ichemical
ith the
greatest
capacityof
567.7
tngth) x 2’ (depth)
wastewater.
All
tanks with a rnanuaily
target crop and label
and application
measuring
11.33’
feet
(fl.3).
The
floor
the coUectiorj. and
effluent shall be
-
tanks with a manually
the applicable
target
crop
and label
This stiicttire shall be
Permit
is
hereby
granted
containment
facility as
~2/20O4
03:48
217-524-4882
-
DEPT
AG/BuR
E~iv
F~RO
r(~
‘~J4
-
State
of
Illinois
Department of.~4~rIcuZture
B~irroughs
Ag Secvices,
Inc.
AGRICHEM1CAL FACILITY PERMIT
Page:
2
-
Operation ofan existing
reinforced
concrete
secondary
containment structure measuring34’ (width) x
42’ (length) x 4’ (height)with a total design capacityof4134.5 cubic feet (fl.3).
The
floor
shall
slope
to
a single surnp measuring 2’ (diameter) x
0.5’
(depth) to facilitate
the
collection and recovery ofall
escaped product and/oragrichemical
wastewater.
All recovered effluent shall
be
transferred to one
(1) ofthe two
(2)
aforementioned 20.
.
-
activated sump pump.
Segregation shall
be
performed bas~d-pponth~
applicable target crop and
1
el use.
AU bulk liquid
-
fertilizer shall be stored within the sai~tructüre.This slrucüzre shallbe referred to as SC-2.
Operation ofan existing reinforced con
s~c.oñdär~’
~ntathment
stru
urei~easuring
6(W (width) x
68’ (length)
x 0
33’ (height) with a total~esigzi
capacity of441
1 cubic feet (ft ~
The floor shall
slope to a single sump measuring21~~eter)
xO.5’.(d~pth)
to
fa~ilitate
the coll~ction
and recovery
of all escapedproduct and/oi.a~n’~einical
w
stewater. Alrrt covered. effluent s~ia11be transferred to
one (1) ofthe two (2) aforemention’e~
200
gallon recdvei~thi~ks
with
a manuall
activated sump
pump
Segregai~on
shallbe pi~rfoimed
based upon the avphcabie target crop an
label use
All mini-
bulk and packaged agrichemiqals.shal
be stored.
itbiñthe sa~d.structuie.
~This tructure shallbe
refeiredtoasSC-3.
(
~.:
:
:?:.
:.•
.‘.
•‘.:
There shallbe no dfscharge ofwastewater from the herein permitted facibtie
This permit has been reviewed and approved by theIllinois Env~ronrnenta1
?rotc
~on Agency per the
attachedpermit endorsement.
This permit is zubject:to
standatd
~onditions
on th
reverse side ofthis
document and the foll~wing.special
condiiions:
.
-
:
.
~
SPECIAL CONDITI(~N
‘1:
,:
The permittee ‘shafl.provide ba
tlow prc
eclion in accordance
with
theIllinois Departihe~t
ofPublic
Health
Plithibthg Cod~e
(77111.
Mm.
C~ode
890)
and the
Illinois Environmental ProtèctionAgeii~y~
Teclmical P~iiày-Statement(35
th.
Adm. Code
-
653.803(c)(4).
‘
J
.
.
.‘-..
..
.
‘
.
..
.
(
~
‘:
‘
‘
-
.
.
THE STANDARD CONDITIONS OF I~UANCEON.THE.REVERSE SIDES~OF
THIS MUST BE
COMPLIED WITH IN FULL.
I
,
“
•.
7
-
-
~
/1
Warren 1). Goetscb, P.E.
-
Division Manager, Natural Resources
cc: Illinois EPA: WPC: Permits
file
Operations
a:0993S2.per