RL~cVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

JAN

20

2005

Laning Properties, LLC

)

STATE

OF ILLINOIS

(Property Indentification

Number

)

Pollution

Control Board

01-004-008-00

)

)

PCBO5-

)

(Tax Certification)

NOTICE

Dorothy M.

Gunn,

Clerk

Laning

Properties,

LLC

Illinois Pollution Control Board

RR3 Box 133A

James R. Thompson Center

Louisville, Illinois 62353

100 West Randolph Street, Suite.

11-500

Chicago, Illinois 60601

Steve Santarëlli

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 ofthe

Pollution Control Board an

APPEARANCE

AND

THE RECOMMENDATION

of the Illinois

Environmental Protection Agency, a copy of which is herewith

served

upon you.

ENVIRONMENTAL PROTECTION

AGENCY

OF THE STATE

OF ILLINOIS

By:

.

~

~

Vera Herst

Assistant

Counsel

Division ofLegal Counsel

DATED:

January

19, 2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box 19276

Springfield, Illinois

62794-9276

(217)

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

•

CE~1V~D

BEFORE

THE, ILLINOIS

POLLUTION CONTROL BOARDCLERKS

OFFICE

JAN

20

2005

Laning Properties, LLC

OF ILLINOIS

(Property Indentification Number

)

p~I~n

Control Board

01-004-008-00

)

)

PCBO5-

)

(Tax Certification)

)

APPEARANCE

The undersigned, as one of

its

attorneys, hereby enters an

APPEARANCE

on behalfofRespondent,

illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

Vera Herst

Assistant Counsel

Division of Legal Counsel

DATED:

January

19, 2005

Illinois

Environmental Protection Agency

1021

North GrandAvenue East

Post

Office Box 19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

---

•

RECE~VED

•

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JAN

202005

•

•

STATEOFILLINOIS

Laning Properties, LLC

)

Pollution Control Board

(Property Identification Number

)

PCB 05-

f

‘2)

01-004-008-00)

)

RECOMMENDATION

The Illinois Environmental Protection Agency (“Illinois EPA”) herebyfiles its

Recommendation pursuant to Section

125.204 ofthe regulations ofthe Illinois Pollution

Control Board,

35 Iii. Adm. Code

125.204.

1.

On April 2,

2004, the Illinois EPA received a request from Laning Properties,

LLC (log number TC-06-04, Exhibit A) for an Illinois EPA recommendation

regarding the tax certification ofwater pollution control facilities pursuant to

35

Ill. Adm.

Code

125.204.

2.

The applicant’s address is:

Laning Properties, LLC

RR3 Box

133A

Mt. Sterling, Illinois 62353

3.

The proposed Water pollution control facilities in this request are located at

Section 31, TiN, R2W ofthe 4th P.M. in Brown County, at the above street

address and

consist ofthe following:

Livestock waste management facilities consisting ofone concrete manure

pit (80 ft.x 240 ft. x

8

ft. deep) with the slotted concrete portion of the

floor over the manure pit and eight concrete pump out manure pits (each 6

ft. x

6 ft. x

8 ft. deep)

located in one swine wean to finish building.

These livestock waste management facilities are used to collect, transport, and/or

store livestock wastes prior to cropland application, and are further described in

Exhibit A.

THIS

FILING SUB~~IITTED

ON

RECYCLED PAPER

---

4.

Section

11-10 ofthe,Property Tax Code,

35 ILCS 200/11-10 (2004), 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, orreducing 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, or to property.”

5.

Pollution control facilities are entitled

to preferential tax treatment, 35 ILCS

200/i

1-5.

6.

Based on the information in the application and thepurpose ofthe 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, orreducing

water pollution, or as otherwise provided in 35

111. Adm. Code

125.200,

and are

eligible for tax 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: January 19,

2005

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

---

)

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

Laning Properties,

LLC

James R. Thompson Center

RR3 Box

133A

100

West Randolph Street, Suite.

11-500

Mt. Sterling,

Illinois

62353

Chicago,

Illinois

60601

Steve

Santarelli

Illinois Department of Revenue

101

West Jefferson

Post Office Box 19033

Springfield, Illinois

62794

and mailing it from Springfield, Illinois, on January

19, 2005, with sufficient postage

affixed for first class mail.

22~

SUBSCRIBED

AND

SWORN

TO

BEFORE ME

this

1

9tht~’

day of January, 2005

“.7—,

~

/~!

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

Watershed Unit Tax Certification Review Sheet

Project

Name:

Reviewer:

Log

No.:

Legal Description:

Date

Control

Devices

Installed:

Signature:

Wastes:

Location:

Date:

Type:

County:

Provided

Fair

Cash

Value:

Title:

Physical

Description ofPollution Control Devices:

I

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Applicant:

Facility:

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O

Agchem

ivestock

Contact:

~

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Phone:

(~-~v-

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-~Lhc

~-~:-~-&

Q~-. 2~

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~r”,i

‘,

~zf,

f~iz.3

1

I~

RR3

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-It

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Property

ID:

ol—0o’~I

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.

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Livestock

waste

is

applied

to cropland.

0

Agrichemical rinsate

and

spillage is

recycled through

the facility and/or

land

applied.

0

Other:

---

This

Agency

is

a*Xborized

~

req~

this

hifosmation u~dosflinch

RevisedS~

1979,

(i~apter,

120, Section 502a-5.

Disciosue ofthis

Information

is voiuntay.

However,

failure

to

—

could

preve~yo~

—

ft~m

being processedor could result in deaai*lof~ur

application for cestification.

APPLICATION FOR CERTIFICATiON (PROPERlY

TAX

TREATMENT)

POLLUTION CONTROL

FACU.J1X

AIRD

WATER~

IWNOIS

ENViRONMENTAL

PROTEC1I’ON AGENCY

P.O.

Box

19276, Spdngfteld, IL

621949276

•

•

•

/

FORAGENCY USE

Flu N~

iate Received

Certification No.

•

D~o

Sec. A

•

~.

~

~

~

Company Name

L~t~vtc~

?r)Wk~e,~

LI-C.

Person Autl5btized to Receive Certification

Person to Contact for Additional Details

Km~~occ

J~Q.i~ov~

Lo~~t3~r~

StreetAddress

Street Address

7~75

34~k

‘~okteIll

•

54øi~

P4~uniclpaIity,

State & Zip

Code

Municipality,

State

& Zip Code

CcLr1~(e,1

XL

ta~3)

•

Teleph4ne Number

Telephone

Number

~Ig-9q-u~

SAntE

Location of Facility

Municipality

Township

QuarterSection

Township

Ranae

•

•

~~,)

t~’W

SUeet Address

•

County

Book N~ber

~ ~23331

SkrI~i4

~xz~4a~

6n,wn

-

Property Identification Number

~

Parcel Number

01-

004-

~~g-ôo

Sec. B

c~

~o,

~

~

~

r

Nature of Operations Conducted at the Above Location

fl~~s

~.

&.

è2’1OO

heo.,c~

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~acl+y.

~

~s

orte

b~ir~,

~A-4&~~k.

-

Water Pollution

Control Construction Permit No.

~

Date Issued

-

Nm

NPDES PERMITNo.

.

‘v/fl

Date Issued

Expiration Date

A)/g

~Jr

Pollution

Control

Construction Permit No.

•

Dat~

issued

ttJ/,1

Air Pollution

Control

Operating Permit No.

iJ/i~

Date Issued

Al/A

Sec.

C

k

~

~

Descnbe

Unit

Process

Ntf~

Materials Used In Process

~

Sec.

0

li

°

~

0.

Describe

Pollution

Abatement Control

Facility

C)

~

~

S?~.

ke,’~~e~1

~oC~k~nQ4~-S.

APR

U

2

2004

-

ILLINOISENVIRONMENTAL

•

PROTECTIONAGENCY

BOW/WPC/PERMIT SECTION

IL

532-0222

APC

151

(Rev.

8/00)

Tax Cfon

fi,r Pollution ContrulFacilhlies

Page! of2

&vo

---

I

I

‘C

—‘I-

0

0.0

0

z

0

C.)

Tax Certificaihon

for

Pollution

Control

Facilities

Page2of2

8/00

Sec. E

(1)

Nature of Contaminants

or Pollutants

~

Mtht1&QE

Contaminant or Pollutant

sw~_

t~tR.~:

DESCRIPTION

Su.~AQ.

n~r~ei’i

Material Retained,

Captured

or

Recovered

•I-

..-

•

•-

-

~k4oo

(2) Point(s) of Waste Water

Discharae

DISPOSAL

OR

USE

14

t~.A

1(~-’~~

~frv~4Q~c

&~4-ec1

(I

F~ONc

~A4O

4—La.

~co~iA

i1-cii~rc,~ntuc

r-n4-P.c’...i

~cot-r1avv.e

4~~~4i?

MtAt-,.W.~.

l’lc~r~4C4~.fr14-

Pfô.r~.

U

•

Plans and Specifications Attached

Yes

No

)‘

A~L

(4)

(5)

Are

contaminants

(or

residues) collected by the control

facility?

Yes

)

No

Date installation completed

~4-0~..

status

of installation on date of

application ~

a.

FAIRCASKVALUEIFCONSIDEREDREALPROPER1Y:

$

b.

NET SALVAGE VALUE IFCONSIDERED REAL PROPERTY:

$

5 ~

c.

PRODUCTIVE

GROSS.

ANNUAL INCOME OF CONTROLFACILITY:

•

$

d.

PRODUCTIVE NET ANNUAL INCOME OF. CONTROL

FACILITY:

$

e.

PERCENTAGE

CONTROL

FACILITY BEARS.

TO

WHOLE FACILITY VALUE:

‘(7

Sec.

F

~

~

/

~~‘folIow1ng

Information Is submitted Inaccordance with

the Illinois.

Property

Tax Code,

as. amended,.

and

to.the best of my

knowledge. Is true.

and correct.

Th

.

~llBes.

claimed herein are *pollution

controLfacilities”

as defined

in.

Sectiori.1

1-10. of the

1111

S.

pertyl

Code.

/t1~4t.

-

.

Signature

Title

~

Sec. G

INSTRUCTIONS

FOR COMPIUNG AND

FILING

APPUCATION

-

General:

Separate applications

must

be completed for each control facility dalmed.

Do not mb

types (water

and air).

Where both air

and

wateroperations 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 thetax records

and

the

person to be contacted

forfurther details or for

Inspection

of

facilities.

(Define fadlity location

by

street address or legal description.

A plat map location

Is required for facilities located

outside

of

municipal boundaries.

The property kienhification 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 control facility

Is used.

Sec. 0

Narrative description of

the

pollution control facility, Indicating that

Its primarypurpose

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 ricliulion control fac~Itv.Include a listing of each major piece

of

equipment Included In the claimed

fair cash value for

real

property.

Indude an

averacie

analysis

of

the Influent

and

effluent

of the control

facilitystating the

collection efficiency.

Sec. E

Sec.

F

List

air

contaminants, or water pollution

substances

released

as

effluents

to

the manufacturing processes.

Listalso thefinal

disposal

of

any

contaminantsremoved from

the

manufacturing processes.

Item

(1)-

Refer-s

topollutants and contaminants removed from

the

process

by

the pollution control facility.

Item (2)-

Refers to

water pollution butcan apply to water-carried

wastes from

air pollution controlfacilities.

Submit drawings,

whIch clearly show (a) Point(s) ofdischarge to receivingstream,

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 saleor reuse ofthe

collec~d

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:

Ilinois

EPA

Thomas

McSwiggin

Donald E. Sutton

-

P.O. Box 19276

•

Permit Section

•

Pen-nit Section

Springfield,

IL

62794-9276

DMslori

ofWater Pollution Control

DMsionof

AirPollution Control

---

Diagram

Handling

I

-

•

2400

Wean

Finish

islOOconcrete

—-*

Waste

loaded

brought

out

to

injector

to

All

concrete

under

8’

deep

80’

x

240’

is

out

annually

of

pit,

the

out

is

injected

the

on

by

samples

the

NMP.

the

fields.

-•

---

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