RECE~VED

CLERK’S OFFICE

BEFORE THE. ILLINOIS POLLUTION CONTROL BOARD

JAN 2

12005

Mach III Farms, LLC

)

STATE

OF

ILLINOIS

(Property Indentification Number

)

Pohution Control Board

16-21-4OO-OO~

‘\

)

)PCBO5-I

)

(Tax Certification)1

NOTICE

Dorothy M. Gunn, Clerk

Mach III

Farms,

LLC

Illinois Pollution Control Board

13477 CR

500

N.

James R. Thompson Center

Bath, Illinois 62617

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 ofwhich is herewith served upon you.

-

ENVIRONMENTAL ?ROTECTION AGENCY

-

OF THE STATE OF ILLINOIS

By:

~

Vera Herst

Assistant Counsel

Division ofLegal Counsel

DATED: January 20, 2005

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(2 17)

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

RECE~VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JAN21 2005

Mach III Farms, LLC

STATE OF ILLINOIS

(Property Indentification Number

)

pollution Control Board

16-21-400-OOV\

)

)PCBO5~j~

)

(Tax Certification)

)

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters an

APPEARANCE

on behalfofRespondent,

Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

Vera

~L.

Herst

&~

Assistant Counsel

Division of Legal Counsel

DATED: January 20, 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

---

CLERK’S OFFICE

BEFORE THE.,ILLINOIS POLLUTION CONTROL

BOARD JAN 21 2005

Mach lilFarms, LLC

)

r

STATE OF. ILLINOIS

(Property Identification Number

)

PCB 05-

1

~U~7

0

ut~on

Control

Board

16-21-400-00~)

)

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

Iii. Adm. Code 125.204.

1.

On April 2, 2004, the Illinois EPA received a request from Mach III Farms3 LLC

(log number TC-l0-04, Exhibit A) for an Illinois EPA recommendation regarding

the tax certification ofwater pollution control facilities pursuant to

35

Iii. Adm.

Code 125.204.

2.

The applicant’s address is:

Mach III Farms

13477 CR100 N.

Bath, Illinois 62617

3.

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

Section 21, T2ON, R9W of the 3’~P.M. in Mason County, at the above street

address and consist ofthe following:

Livestock waste management facilities consisting offour concrete manure

pits (10 ft. x 112 ft. x 15 inches deep), each with one pull plug, four

concrete manure pits (8ft. by 112 ft. by 15 inches deep) each with one pull

plug and the slotted concrete portion ofthe floor over the manure pits in

each ofsix swine buildings; one synthetic lined lagoon (177 ft. x 811 ft. x

12 ft. deep); and approximately 1518 ft. of 10-inch diameter PVC manure

transfer pipe.

.

.

THIS FILING SUBMITTED ON RECYCLED PAPER

---

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.

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 primarypurpose of: (a)

eliminating, preventing, or reducing air orwater pollution

. . .

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

200/11-5.

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 Iii. .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 20, 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

Mach IIIFarms, LLC

James R. Thompson Center

13477 CR 500 N.

100 West Randolph Street, Suite. 11-500

Bath, Illinois 62617

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.

~

SUBSCRIBED AND SWORN TO BEFORE ME

this 20~’day of January, 2005

T?

~

~

Notary Public

BRENDA BOEHNER

NOTARY PUBLIC, STATE OF ILLINOIS

:~.MYCOMMISSION EXPIRES 11 ~14-2QO5?

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

Watershed Unit Tax Certification Review Sheet

Project Name:

Reviewer:

Log No.:

Applicant:

Facility:

Physical Description ofPollution Control Devices:

Location:

Date:

Type:

Contact:

Phone:

County:

Provided

Fair Cash

Value:

Title:

co~e.r-~k

rv~n~,r~o

t~/

/

(1/ ~

10~

~

o~~i’/p/frc/ç.l4_

~j,/’L. ~2e

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(o

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r

-~/~

/ ?7~

OA~

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/1

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~

A~

/~.~DA

/0’

~ii~

(177

~-

‘~

~ Ii

P

V

~-

~‘~—

~

~ tZ

Other.

4’~ ~/ ~

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(q

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,

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d~

~o+

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p~p

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7h.

J.AI~

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~

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o Agchem

,,k~Livestock

/

~

—O~c5d.A

~

c’i~,~

-J

k4~~

/vio,çci~hoI~..C

711-lc

~

(~k,’~.&

~7)

(~r1VIP

~L.

‘~Z2~3~

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(~(~—

‘~aQ~—

/“14~1i ~

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A)

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1~’13

.

5T~-d

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L

PropertylD:

‘ll—q~o_007

Legal Description:

Date Control

Devices Installed:

Signature:

Wastes:

GOD

~4ivestock waste is applied to cropland.

0

Agrichemical rinsate and spillage is recycled through the facility and/or land applied.

O Other:

____

/l~~,~f\ r

---

APPLICATION FOR CERTiFICATION (PROPERTY TAX TREATMENT)

POLLUTION CONTROL

FACILfI)

WATER)~

ILUNOIS ENViRONMENTAL PROTECTION AGENCY

P.O. Box 19276, SprIngfield, IL 62794-9276

1uii~Agency

is

suth~i~dto su~ucstthis

infixination ~mdtrIllienis Revised St~s,

1979,

a~apter,120,

Section 502a.5. DiscIos~xecfthis

infonnation

is

vehit&y. However, faikn’e to

comply could prevn~yoor applimbon floin

beingpn~cessedoro~u1dresultindenialof~ur

application for ontification.

FORAGENCY USE

F~eNø.

Date Received

Certification No.

D~ -

Sec.A

•

,.

~

~

~

~

Company Name

VY\t~t1~kim Fc~rw~s

LLeI

Person Authorized

to

Receive Certification

Person to Contact for Mditional Details

R~m~ccc

~

Lo~~c~or~

Street Mdress

Streat Address

7q75

54z~-e

~ot.~4-e

al

l’~junidpakty,State & Zip

Code

Municipality, State & Zip Code

La.rt~Ie1

IL

~o~3J

SftiflE~

Telepháne Number

Telephone

Number

~1g-s~q_~l~

SAME

Location of Facility

Municipality

Township

Quarter Section

TownshIp

Ranqe

~t~-

Street Mdress

County

Book Number

13009

(~_•loo

P~)_&~L:t;’._(p~l.17

Property

Identification

Number

Parcel Number

—

~

Sec. B

0

xc,,

~

~

~

~o

Nature of Operations Conducted at the Above Location

~k~\iAt

~

3 ~

~

b~

3

~

b k-~n~~

,-

Water Pollution Control Construction Permit No.

Nfi\

D~Issued

N/~

NPDES PERMIT No.

wiR

Data Issued

Exi*ation Date

‘VIM

Air Pollution Control Construction Permit No.

~V/f3

•~ I$~Ued

Nft4

Air Pollution Control Operating Permit No.

.

Issued

tJ/i~

Sec. C

~

~

~

a

Descnbe Unit Process

M~i~

Materials Used In Process

~

Sec.

fl~

D

~

~

~t3

o-~

Describe PollutionAbatement Control Facility

~(j~J~

1)

S~C~M0..&r~e~

~oCV~r~-S.

APR 02 2Q04

.

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY

BOW/WPC/PERMIT SECTION

IL 532-0222

APC

151 (Rev.

8/00)

Tax Ceriificaaonfor Pollution Confrvl Facilities

Page

1

of

2

&vo

---

Sec. E

(1) Nature of Contaminants or Pollutants

~IA~’iV~

Mo~~’LuAo

Material Retained,

Caotured or Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR USE

SW~, ~

4o

~rb9I4Pt(

\~J?

444btIU’~~

~M~+!lv~

~a.~oov~.5

~irotr.~k

(c,’

L&~aoi~~9L~O

~AVtUv~~

g..

oM~ *i~

~

(~O~t~ ~CctCk~sce

~44.

-

(2) Point(s) of Waste Water Discharge

-

j~Jp?~/

E

mOhV~~4.5~t ‘v”~.sieitf

‘j~44.

—

Plans

and Specifications Attached

Yes

No ~

I~L

Are contaminants (or residues) collected by the control facility?

Yes )~

No

(4)

(5)

Date installation completed

/9q3

status

of installation on date of application

cor4ple4e

a. FAIR CAS-1 VALUE IF CONSIDERED

REAL

PROPERTY:

$

~

Ot~-c)

b.

NET

SALVAGE VALUE IF CONSIDERED REAL PROPERTY:

$

~

c. PRO

DUC11VE

GROSS ANNUAL INCOME OF CONTROL FACILITY:

$

d. PRODUCTIVE

NET ANNUAL

INCOME OF CONTROL FACILITY:

$

Sec. F

~~olIo~ing

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 Pr

operty Tax

Code.

~nature’~U.....j’~

SeC. C

INSTRUCTIONS

FOR COM~IUNG

AND

FILING APPUCA11ON

.

.

General: Separate

applications

must be completed for each control facility claimed. Do

not

mix

types

(water

and

air).

Where both

air

and

wateroperations are related, file two applications. If attachmer~sare needed, recordthem consecutively on

an

Index sheeL

Sec. A

Information refers

to

applicant as listed in thetax records and the person

to be contacted

for further details

or

for Inspection

of

facilities. Define facility location by streetaddress or legal description. A plat map location Is required

for

facilities located

outside of

municipal boundaries.

The property klerthflcalion number Is required.

Sec.

B

Self-explanatory.

Submit copies of all permits issued by local pollution control agencies.

(e.g. MSD Construction

Pennit)

Sec. C

Refers to manufacturing processes or materials on wt~dipollution control facility is used.

Sec. D

Narrative description

of the

pollution control facility, k,.$cating that Its primary purpose is

to eliminate, prevent or reduce

pollution.

State the type

of

control facility. State permit number, date, and agency Issuing pemirt A narrative description and a process

flow diagram describing the pollution control faclli~i.k~idea lsthg

of

each major piece of equipment included kr the claimed

c,,

~

fair casti value for real property. Include an averaQe armiysisof 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.

D

~

~

.

Sec. F

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 towater.carried wastes from

air

pollutioncontrol facilities. Submit drawings,

which dearly show

(a) Point(s) of

discharge to recerviig stream, and (b)

Sewers

and process piping

to and ftx,m 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

colIec~dsubstances. State

the

cost

of

reclamation

and relatedexpense.

Item (4)— State the date which

the

pollution control facity 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 priorto

certification

by this Agency.

Self-explanatory.

Signature must be a

corporate authorized signature.

-

Submit

to:

Attention:

Attention:

lllnois EPA

Thomas McSwiggin

Donald E. Sutton

-

P.O. Box 19276

Permit Section

Permit Section

Springfield,

IL 62794.9276

DivIsion

of

Water Poflution Control

Division

of

Air Pollution Control

Tax Ce~ftficctronfes-PolluiionControl Facilities

Page 2 of2

&vo

0,

I-

z

‘C

I

Lw’

e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:

LQ

---

cc

~Iv~_v~

1~ts

~*k 8

pI+s

~

~

IO~~

~

At

~

~

is”deep.

E~c1L~

~

.pct~

i~~&

~frJ~

ar~wi~

,~fo

)~“ pvc~

~

a~i~

;~-~

~

~

b ~

~

4o~Q

e~*

4~

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4 ~A~40 ~

e~i~a~

b~&~~

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AU

Ea~L~~Lt,ti~

i-L~~

tj ~

41~

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#itt4~

t4~q

14.

ac

~ir

---

Diagram

Handling

wates

is

though

lagoon

pipe

to

traveling

irriator.

drains

from

the

though

a

pull

system

into

loll

pipe.

irritator

spread

manure

over

fields

rates

accordance

to

Feederand

Wean

Finish

floor

..~

The

outer

pits

are

is

concrete

10’

wide

and

the

Slats

pits

are

8’

wide

&

they

are

all

15”

deep

Each

pit

is

112’