C
~V ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLi~RK’SOFFICE
JAN 2 02005
Lewis Properties, LLC
)
STATE OF
ILUNOIS
(Property Indentification Number
)
PoIIut~on
Contro’Board
03-08-200-005
)
)
PCB 05-
)
(Tax Certi ication)
NOTICE
Dorothy M. Gunn, Clerk
Lewis Properties, LLC
Illinois Pollution Control Board
4289 Bible GroveLane
James R. Thompson Center
Louisville, Illinois 62858
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:
L~C~~
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED: January 19, 2005
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~VL! D
CLERK’S OFFICE
BEFORE TH1~ILLINOIS POLLUTION CONTROL BOARD
JAN 20 2005
STATE OF ILLINOIS
Lewis Properties, LLC
)
PolIut~onControl Board
(Property Indentification Number
)
03-08-200-005
)
)
PCB
)
(Tax Certification)
)
APPEARANCE
The undersigned, as one of its 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: January 19, 2005
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 TilE. ILLINOIS POLLUTION CONTROL BOARD
Lewis
Properties,
LLC
)
(Property Identification Number
)
PCB 05-
03-08-200-005)
)
(Tax Certification)
)
E CE V ED
CLERK’S OFFICE
JAN
20 20~5
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 April 2, 2004, the Illinois EPA received a request from Lewis Properties, LLC
(log number TC-05-04, 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:
Lewis Properties, LLC
4289 Bible Grove Lane
Louisville, Illinois 62858
3.
The proposed water pollution control facilities in this request are located at
Section 8, T5N, R7E ofthe
3id
P.M. in Clay County, at the above street address
and consist of the following:
Livestock waste management facilities consisting of one concrete manure
pit (101 ft. x 304 ft. x 8 ft. deep) with the slotted concrete portion of the
floor over the manure pit and ten concrete pump out manure pits (each 6
ft. x 6 ft. x 8 ft. deep) located in each oftwo swine wean to finish
buildings.
THIS FILING SUBMITTED ON RECYCLED PAPER
These livestock waste management facilities are used to collect, transport, andlor
store livestock wastes prior to cropland application, and are further described in
Exhibit A.
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 ofany 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 sdlid, 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 may be
considered “pollution control facilities,” pursuant to 35 Ill. Adm. Code
125.200(a), with the primarypurpose of eliminating, 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: 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:
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
Lewis Properties, LLC
James R. Thompson Center
4289 Bible Grove Lane
100 West Randolph Street, Suite. 11-500
Louisville, Illinois 62858
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 19, 2005, with sufficient postage
affixed for first class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
this l9thth day ofJanuary, 2005
~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Watershed Unit Tax Certification Review Sheet
Le~i~s~
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Agcheni
ivestock
Contact:
_________________
Phone:
(~~-ç~t~
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Facility:
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PropertylD:
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Wastes:
~iivestock waste is applied to cropland.
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Agrichemical rinsate and spillage is recycled through the facility and/or land applied.
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Other:
Physical Description ofPollution Control Devices:
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Project Name:
Reviewer:
Log No.:
Applicant:
Location:
Date:
Type:
Legal Description:
ec~-f~r~SrcA).27E3~P(~
Date Control
Devices Installed:
• Signature:
County:
C~ii
Provided
Fair Cash
Value:
Title:
~_J/ COP4~-~
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This Agency is ar*hoth~d to request this
information under Uliunis Revised Statues, 1979,
arapter, 120, Section
502a-5.
Disclos*ire OrtIIIS
infi~nnationis volimta~y.However, failure to
comply could prevent yorw application fluen
beingprocessed or could result
in
denial
of
your
applicationf~xcestification.
/
.1
APPLICATION FOR CERtiFICATION (PROPERTY
TAX TREATMENT)
•
POLLUTION
CONTROL FACIL4T)’
AIRO
WATER~
IWNOIS
ENVIRONMENTAL
PROTEC1~)N
AGENCY
P.O.
Box 19276~Sprlngfield
IL 62794-9276
FOR AGENCY USE
—
F~eNo.
Date Received
~0fl
No.
Sec. A
~
~
~
~
Company Name
-
Le~.u~s.
?rop*.~,LLC...
Person
Authorized
to
Receive Certification
Person to Contact
for
Additional Details
~
Lo~do~
Street Address
Street Address
~7~7.5
5~z~.4e.
~oIt+?~
ia~i
Municipality,
State
&Zlp Code
Mun~cipaIity,State & Zip Code
Ct~r~,k~
.Cz~-
(~.~3l
?,:1r1~1e
Tetephdne Number
Telephone Number
Location
L,1g-~qq-2gzs-
of
Facility
Mumcipahty
Sfts16
Township
Quarter Section
TownshIp
Range
5eV
~7E
~b)e&rov~
Street Address
•
•
County
Book Number
tj~g9
~bIe Citov~Lrvir~
Locdsv;iic;.~i.
C~1c&y
• -
Property Identification Number
~~‘
Parcel Number
O3~o8-~oo
-00S
Sec. B
~
~
~f
~O
Nature
of
Operations Conducted
at
the Above Location
~T’ks
co.c; t~4-y
~
~.2
bar-t~~
ec.e-L hô~’.”-t,3
3(,cO f-jea~to-~’
~
Ct~4~&
is c.o
cer-~c( ~jJ~avt
40 4~i~,s/i.
Water
Pollution Control Construction Permit No.
N/fl
Date Issued
~v/4
NPDES
PERMIT
No.
Nl1~
Date
Issued
iV/4
Ex*ation Date
Air Pollution Control Construction Permit
No.
NIi~
Date Issued
-
i~1/4
•
-
Air Pollution Control Operating Permit
No.
A’/a
Date Issued
f*)j~)
Sec. C
~
k
IL~
~o.
~
Describe Unit Process
-
Materials Used In Process
NfrL~
Sec.
0
8~
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•
Descnbe Pollution Abatement Control Facility
•
APRC22CU4
.
ILLINOIS ENVIRCNMENTAL
PROTECT/ON AGENCY
BOW/WPCIPERMIT SECTION
IL 532.0222
Tax Cee’WficadonforPolhdiar Control Facilities
Page! of
2
&vo
APC 151 (Rev. 8/00)
Sec. E (1) Nature of Contaminants or Pollutants
_____
~
‘p~t~Q.E
Material Retained, Captured or Recovered
Contaminant or
Pollutant
DESCRIPTION
DISPOSAL OR USE
SVJ~Ine
P~O~&re-
W~rP~1_7~DOl-U
fWea&i4O-f’.~~.c~?h~
M4’nftr~-
IS a~ii’~d/~
Ct~p
lana’ /,-~ accs’rdanc~ It, ‘~Ae
IWflf,
j~)Point(s) of Waste Water Discharge -
AJO’VE
•
-
•
Plans and Specifications Attached Yes
No
~.L
Are contaminants (or residues) collected by the control facility?
Yes
)(
No
(4)
(5)
Date installation completed
~tIoL
status of installation on date of application
£~OMpIefe
a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
‘?sO
,ooo.
(X~
b. NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:
$
,ic,
1000.
~X)
C.
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
d. PRODUCTIVE NET ANNUAL INCOME OF CONTROLFACILITY:
$
—
Sec. F
~
-I
~~ollowing 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 daimed herein are “pollution control facilities” as defined in. Section
11-10.
of the
Illinois Pr perty Tax Code.
7~’7ff
• Signature
•..
• • Title I
Sec. G
INSTRUC11ONS FOR COMPIUNG AND FILING APPLICATION
.
~,,
~
~
~
~
~
General: Separate applications mustbe completed
foi
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 toapplicant as listed
In the tax
records and the person to be contactedlor further details orfor inspection of
fadlities. 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.
Sec.. B
Self-explanatory. Submit copies ofall 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 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 ixliutlon control facility. Include a listing of each major piece of eqolpment Included In the claimed
fair cash value for real property. Include an averane analysis
ofthe
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. Ust also
the final
disposal
of any contaminants
removed from
the manufacturing
processes.
lteqn (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 dearly show (a) Point(s) of discharge to receiving stream,
and (b)~Sowec~andprossplplngio
atid from the control
facility.
-
item (3) —Ifthe
collected
contaminants
are
disposed of
other
than as
wastes,
state the
disposition
of the
niatetials, and
the value
In
dollars
reclaimed by ale or reuse ofthe
collectod
substances. State the
cost
ofredamation 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.
Sec. F
Self-explanatory. Signature must be a
corporate
authorized signature.
Submit to:
Attention:
Attenti6n:
l~noisEPA
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
Tax
Certification
for
Pollution
Control Facilities
Page2 of2
•
8/00
z
e. PERCENTAGE
CONTROL
FACILITY BEARS. TO WHOLE FACILITY VALUE:
L/
~- ~
Flow
Diagram
of
Waste
Handling
Swine
floor
All
concrete
is
100
concrete
—*
pits
under
the
Pigs
Slats
Waste
is
loaded
onto
wagor~and
brought
out
to
the
injector
to
be
spread
onto
the
fields.
•
Wase
is
pumped
out
annually
of
deep
pit,
through
the
take
out
holes.
-
Waste
is
injected
into
the
soil
based
on
rates
determined
by
soil
samples
and
the
NMP.
7200
Wean
to
Finish
slats,
8’
deep
101’x
304’
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