BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

RECE~VE

D

CLERK’S OFFICE

Bay Creek

1

Investments, LLC

)

JAN

2

82005

(Property Indentification Numbers

)

46-064-02

and 46-064-03)

)

,1)

STATE

OF

ILLINOIS

)

PCB 05-

I

L.f~)

Pollution

Control Board

)

(Tax Certification)

NOTICE

Dorothy M. Gunn, Clerk

Bay Creek

I Investments, LLC

Illinois Pollution Control Board

RR 2

Box B

James R.

Thompson Center

Barry,

Illinois

62312

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 ofthe

Pollution Control Board an APPEARANCE AND

THE RECOMMENDATION

of

the Illinois

Environmental Protection Agency, a

copy ofwhich is herewith served upon you.

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILL1NOIS

By:

~

CL

f\J~

Vera Herst

Assistant

Counsel

Division ofLegal

Counsel

DATED:

January 26,

2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(2 17)

782-5544

THIS FILING IS

SUBMITTED ON

RECYCLED PAPER

---

RECE~VED

BEFORE THE ILLINOIS POLLUTION

CONTROL

BOARD

CLERK’S OFFICE

Bay Creek

1

Investments, LLC

)

JAN

282005

(Property

Indentification

Numbers

)

STATE OF ILLINOIS

46-064-02 and 46-064-03

)

Pollution Control Board

)

PCBO5-

~

)

(Tax Certification)

)

APPEARANCE

The undersigned,

as one ofits

attorneys,

hereby enters an

APPEARANCE on behalf of Respondent,

Illinois Environmental Protection

Agency.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

~i~sr

Vera Herst

Assistant Counsel

Division ofLegal Counsel

DATED:

January 26, 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

282005

Bay Creek 1

Investments, LLC

)

•

STATE OF

ILLINOIS

(Property Identification

Numbers

)

PCB 05-

I

‘~

Pollution Control Board

46-064-02 and 46-064-03)

)

(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 April 12, 2004, the Illinois EPA received a request from Bay Creek

1

Investments, LLC (log n~umber

TC- 17-04, Exhibit A) for an

Illinois EPA

recommendation regarding the tax certification of waterpollution control

facilities pursuant to

35

Ill. Adm.

Code

125.204.

2.

The applicant’s address is:

Bay Creek

1

Investments, LLC

RR2BoxB

Barry, Illinois 62312

3.

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

V4

Section

3, T45,

R6W ofthe 4th

P.M. in Pike

County, at the above street address

and

consist of the following:

Livestock waste management facilities consisting of one concrete manure

pit (600 ft. x 79 ft.

x

8

ft.

deep), with the slotted concrete portion ofthe

floor over the manure pit

and

14 concrete pump out manure pits (each 6

ft.

x

6

ft.

x

8

ft.

deep) located in one swine gestation building; one concrete

manure pit (162 ft.

x

75

ft.

x

2

ft. deep) with the slotted concrete

portion of

the floor over the manure pit and one pull plug drain located in one

swine

farrowing building; one concrete manure pit (288 ft. x

41

ft. x

2 ft.deep)

with the slotted concrete portion ofthe floor over the manure pit and one

pull plug

drain located in

one swine isolation building; 3 concrete manure

pits (each

100

ft.

x

25

ft.

x

2 ft. deep); one concrete manure pit (154 ft.

x

28 ft. x

2 ft. seep) with one pull plug and the slotted

portion ofthe floor

THIS

FILING SUBMITTED ON

RECYCLED

PAPER

---

over the manure pits

located in a swine farrowing building; one clay-lined

lagoon (350 ft. x

105 ft. x

12 ft. deep); and

approximately

560

ft. of 10-

inch diameter PVC manure transfer pipe

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 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

200/11-5.

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 primary purpose ofeliminating, preventing, or reducing

water pollution, or as otherwise provided in

35

Ill. 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 26, 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

Bay Creek

1

Investments, LLC

Jamcs R. Thompson Center

RR 2

Box B

100 West Randolph Street, Suite.

11-500

Barry, Illinois

62312

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 26, 2005, with sufficient postage

affixed

for first class mail.

SUBSCRIBED AND SWORN

TO BEFORE

ME

this 26t~iday of January, 2005

..

~

1~

Public

~

.1.20.2nn7

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

Watershed

Unit

Tax Certification

Review Sheet

lZ~/8/Ot.I

I

D

Agchem

~‘Livestock

Contact:

_______________

Phone:

_________

Date

Control

Devices

Installed:

Signature:

Wastes:

County:

Provided

Fair

Cash

Value:

Title:

Physical Description ofPollution

Control Devices:

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Project Name:

Reviewer:

Log No.:

Applicant:

Facility:

Locanon:

Date:

Type:

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Legal

Description:

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ID:

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~~Livestock

waste is

applied to

cropland.

D

Agrichemicalrinsate and

spillage

is recycled

through

the

facility and/or land

applied.

C Other:

_____________________________________

---

APPLICATION FOR CERTIFICATION

(PROPERTY TAX TREATMENT)

POLLUTIONCONTROL

FACILITY’

•

AIRJJ

WATER

f~’

ILUNOIS ENVIRONMENTAL PROTECJION AGENCY

P.O.

Box

19276, Spdngfleld, IL

62794-9276

This

Agency

is

stKtioiized

to

tequest

this

infosmation ti~de~

illinois Revised Statuet,

1979,

C1~apter,

120,

Section 502a.5.

Disclosure ofthis

inlinmation

is

vohmtaiy.

However,

failtsseto

comply

could

prevent

yutw

application

from

being processed

or rould

resultin denialofyour

application forcertificatio~

FOR

AGENCY

USE

F~e

Na

Date Received

Certification No.

Sec. A

.

~

~

i

~

.

Coj~ppanyName

E~u

CfeeK

:1:.

~

L

LC.~

Persori~uthorized

to Receive Certification

Person to Contact for Mditional Details

Re~~

Q~A~W

(T&iOr~

Loø~A

Street

Mdr

•

Street Address

0

7~7~

!~i&~re

~~()t~L)r?~

P.1

Municipahty,

State

& ZipCode

Municipality,

State& Zip Code

Co~te.

~-t...

~

&~mE

Telephone Number

Telephone Number

(~lg-5~(-2l~S

Location

of

Facility

Municipality

Township

Quarter Section

Township

Range

5E~/~~

~.3’~

~-lS

&iL)

Street Mdress

County

Book Number

~ e~C

J?

~

~3la

Property Identification Number

Parcel Number

ql0-o(~’q-O~.

c~.-4~,o(o4-C)3

Sec. B

~

~o)

~

~3F

~

~

r

Nature of Operations Conducted at the Above Location

~iki~

Ab

4

~oo

hg-~uL

F~.MA~-4)

1i’

4ri

~51\ 3

~~l~k~e,fl4

cit~-

•

Water

Pollution Control

Construction Permit No.

•

Date Issued

grn

NPDE$ PERMIT No.

.

~

Issued

Expiration Date

~

Air Pollution Control

Construction

Permit No.

NIc~

Date Issued

-p14

Air Poll~ion

Control Operating Permit No.

Date Issued

Sec.

C

k

~

~

Descilbe Unit Process

~

Materials Used in Process

N1(1

Sec.

0

..jZ

~

~

°~

Describe

Pollution

Abatement Control Facility

•

0

,~~

C)

~

~oCt~vv~erft5.

I ~ 2004

ILLINOIS ENVIRONMENTAL

PROTECTIONAGENCY

•

BOW/WPC/PERMIT SECTION

IL 532-0222

APC

151

(Rev.

8/00)

Tax Cemjlcationfir Po!bifion Conirol Facilities

Page

Jof2

&vo

---

C’,

I-

z

z

EL

z

I-

z

0

0

0

Tax Cert~fi

cation

for Pollution Control Facilities

Page 2of2

8/00

Sec.

E

(1)

Nature of

Contaminants

or Pollutants

~tk~v~e

Om&~AL

Material Retained,

Captured or

Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR

USE

Mo~~

•

~o

~ro~li~t

U~P

p4&e~iisntvta-4Dwi$ie

le4O0v1

44ke

~

-tv

o.

l~ii

4-~1~~tek

~4 i~

~ro~r~4~

~O~k?~.4.4j

q~~~ro~.ptie

4r~

~

Mm?.

(2)

Point(s)

of Waste Water Discharge

41pA)

~-

Plans and Specifications Attached

Yes

No

~-

.i~L

(4)

Are contaminants

(or residues)

collected by the

control facility?

Yes

~k

No

Date installation completed

2~~x_

?‘OO~ status of

installation on

date of application

cc~tp1tM

(5)

a.

FAIR CASH VALUE IFCONSIDERED REAL

PROPERTY:

$

5~,

p

/

OV~~~J

b.

NETSALVAGEVALUEIFCONSIDEREDREALPROPERTY:

$

~,

~

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:

35

Sec.

F

The

tollowing 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

cilities claimed herein are

‘pollution

control facilities’ as defined in Section

11-10 of the

Illinois

Property

ax Cod

T

.

Signature

TltJe

Sec. G

INSTRUCTIONS FOR COMPILiNG

AND

FILING APPUCA11ON

General:

Separate applications must be

completed

for each

control

facility

claimed.

Do not mixtypes (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

to applicant as listed

in

the tax records and

the person

tabe~ontacted

for further details or for inspection

of

facilities.

Define facility

location

by street

address

or

legal description.

A plat

map

Iocationisrequiredfor facilities located

outside of municipal_boundaries._The

property identification number is_required.

Sec. B

Self-explanatcxy.

Submit copies

of all

permits issued

by

tocal pollution

control agencies.

(e.g. MSD

Construction Permit)

Sec. C

Refers

to

manufacturing processes or materials on which pollution control facility Is use&

Sec. D

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 ~o1Iutlon

control

facility.

Include a

listing

ofeach major piece ofequipment

included In the claimed

fair cash

value for real property.

Include an

averacie

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

P

g

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

from air pollution

control

facilities.

Submit

drawings,

which clearly

show

(a) Point(s) of discharge to receiving stream,

and

(b) Sewers

and

process piping to and

from the

control

Sec. F

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 colleded substances.

State the

cost

ofreclamation 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

pr~ect

review

prior to

certification

by

this Agency.

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 ofWater

Pollution Control

DMsion of Air Pollution Control

---

__________

—---—

--

I

Flow

Diagram

of

Waste

Handling

4,200

Farrow

Finish

floor

~‘

is

concrete

Slats

The

Gestation

bldg’s

pits

8’

deep.

And

Other

is

pumped

of

lagoon

and

the

pits

to

a

drag

are

2’

deep.

Dimensions

are

on

the

following

page.

The

manure

drains

from

~,

the

new

farrowing

drains

into

the

Gestation

bldg.

The

isolation

bldg

drains

into

the

lagoon.

irritator

inject

manure

into

at

rates

to

Plan.

---

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