BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

R

E C

E ~V

E 0

CLERK’S OFFICE

Bay Creek 3 Investments, LLC

)

JA

(Property Indentification Number

)

73-002-09A)

)

~g

STATE

OF

ILLINOIS.

)

PCB

05-

/

rir

PoIIut~onControl Board

)

(Tax Certification)

NOTICE

Dorothy M. Gunn, Clerk

Bay

Creek 3 Investments,

LLC

Illinois Pollution Control Board

RR

1

Box 210B

James R.

Thompson Center

Nebo,

Illinois

62355

100

West Randolph Street, Suite.

11-500

Chicago, Illinois

60601

Steve Santarelli

Illinois Department of Revenue

101

West Jefferson

Post Qffice 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

26, 2005

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILINc IS

SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Bay Creek 3 Investments, LLC

)

JAN 28

2005

(Property Indentification Number

STATE OF ILLINOIS

73-002-09A

)

.1

PoIIut~onControl Board

)

PCBO5-

It.f”f

)

(Tax Cert~fica~ion)

)

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters an

APPEARANCE

on behalfofRespondent,

Illinois Environmental

Protection Agency.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

A/~ct

Vera Herst

Assistant Counsel

Division of Legal 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

---

RECE~VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

JAN 28

2005

Bay Creek 3 Investments, LLC

)

,

L

STATE OF ILLINOIS

(Property Identification Number

)

PCB

05..

)

L4~.I~.

PolIut~onControl Board

73-002-09A)

)

(Tax Certification)

)

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

12, 2004, the Illinois EPA received a request from Bay Creek 3

Investments, LLC (log number TC-1 9-04, 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:

Bay Creek

1

Investments, LLC

RR2Box21OB

Nebo, Illinois

62355

3.

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

Section 2, T7S,

R3W 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 (41

ft. x 44

ft.

x

8

ft.

deep), with the slotted concrete portion ofthe

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

one swine

isolation building; one

concrete manure pit (79 ft.

x 500

ft. x

10

ft.

deep)

with the slotted

concrete portion ofthe floor over the manure pit and

12

concrete pump out manure pits (each 6 ft. x

6 ft. x

10 ft.

deep) located in

one swine gestation building; one

concrete manure pit (79 ft. x 272

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 farrowing

building; and

approximately

100

ft. of 10-inch diameter PVC manure transfer pipe.

THIS FILING SUBMITTED

ON

RECYCLED

PAPER

---

These livestock waste management facilities are usedto 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 primarypurpose of:

(a)

eliminating, preventing, or reducing air or water 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 of the facilities, it is

the Illinois EPA’s engineeringjudgment 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.

ILLII’TOIS 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 2 Investments, LLC

James R.

Thompson Center

RR

I

Box 210B

100

West RandolphStreet,

Suite.

11-500

Nebo, Illinois

62355

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~~

day of January, 2005

____________________________

U~l~I~L

SEAL

~otary

Public

/1

CYNTHIA L

WOLFE

*

~

NOTARY PUBLIC

STATE

OF ILLINOIS

MY CO~tA’Si)C

‘~R~

i

20

2007,

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

Watershed

Unit

Tax Certification Review Sheet

-7Lf-ç

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DateControl

Devices

Installed:

(~‘~~r

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Signature:

/C47~

~

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Aleho

~ Agchem

~

Livestock

Wastes:

~tivestock

waste is

applied to cropland.

D

Agrichemical rinsate and spillage

is

recycled through

the facility and/or

land

applied.

~ Other:

____

Physical Description of Pollution Control Devices:

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Project

Name:

Reviewer:

Log

No.:

Applicant:

Facility:

Legal Description:

~1ç4Sol~

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—

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—

2

Location:

Date:

Type:

Contact:

Phone:

Property ID:

County:

Provided

Fair

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Value:

Title:

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• .7

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.

APPUCATION FOR CEI~FICATION(PROPER~

TAX TRA~AE~

i~

A~ncy

~::

:J

POLLUTION CONTROL FACILI~

itronnitioc un&

riioi~

Revis

S

1979,

WATER

I!

(i’~’tor,

120,

Section

502s.5.

Disclosure

of

this

51

infixmation is

vohmrazy.

However,

failure

to

IWNOIS ENVIRONMENTAL PROTECTION AGENCY

coi~ly

could

prevent

yoix application

&orn

P.0. Box

19276, SprIngfield, IL 62794-9276

being processed or could

resultin denial

of

your

a~oa

for ontification.

FORAGENCY USE

Fle Na

Certification No.

Date

Sec. A

,‘

~

~

~

Company Name

~

Cce&~-

3

~v~~-~eMS

LJ~t~1

Person Authorized to Receive Certification

Person to Contact forAdditional Details

~(e~

Mo~c~o1Z

3b,io~

L~xyd~sc

Street Address

Street Addre~

~

~

~r1te

Municioalitv. State & ZIP Code

Municipality, State

& Zip Code

(~u-t~j

k

,5t~

tjI~3

5AFI1~

TeIephoii~NUmbir

Telephone Number

(ptS~5~t1~21~5

Location

of

Facility

.

Municipality

Township

Quarter

Section

TownshIp

Range

•7S

2W

Street

Address

County

Book Number

RR~~o,~ioe,

pJ?~L(~~a35s~

Property Identification

Number

Pattel

Number

73_~,~-oq4

Sec. B

L

~

~

~

~o

Nature

ofOperations

Conducted

at

the Above Location

~

‘~s ~

5~o

~.

~

~

~O-V+4-n~?~W~24A.;f

~

Waler Pollution

Control

Construction Permit No.

Nfl)

Date Issued

~t,rn

NPDES

PERMIT No.

.

1tjjfl

Date Issued

Ex$Btion Date

/1/fA

Air Pollution Control Construction Permit

No.

?JIfl

Date Issued

4/f/J

Air

Pollution Control

Operating

Permit No.

NIA

Date Issued

Mr~

Sec.

C

k

~3i~

0

u.~

zo-

~

Describe

Unit Process

NIA

Materials Used

in

Process

wIi

Sec. 0

~

~

~

Describe Pollution Abatement Control Facility

•

~

S~

44~h~~

c~ra’n.~.

~~~~RcNMENTAL

BOW/WPC/PERM,T SECTION

IL

532-0222

Tar Cettifi

cationfir

Pollution

COntIVZ Faciiitie.s

APC

151

(Rev. 8/00)

PageIof2

&vo

---

I

F)

I.

o.~

or

z

0

C.)

Tax

Certification

for Pollution Control Facilitiex

Page 2of2

8/00

Sec. E

(1) Nature of Contaminants

or

Pollutants

SL)~~A~

It4AbtMAAI

~~StA.fl~i

j&k&vtuAQ..

Contaminant or Pollutant

DESCRIPTION

(t~rv,t~,oA

40

‘I

-

Material Retained. CaDtured

or

(2) Point(s) of Waste Water Discharge

DISPOSAL OR USE

MA.(

D;~~S

~k)t

*dW~n ~‘&~nt~owi

4-

~iCiPr4

i4.

~4Ô

—

1

-.

4.~

~r~e~4o

Vqro~k~

~~e’~c

Q.,Ae3

~yictCeD(,t4fl.cr

~t4t

Plans

and Specifications

Attached

Yes

No

~

~L

Are

contaminants (or residues) collected by the

control

facility?

Yes

)(

No

(4)

(5)

Date installation

completed

fl1t~~rc4~

2Z’~3

status

of installation

on date of

application

Ij~I~C~.

a.

FAIRCASI-IVALUEIFCONSIDERED

REAL

PROPERTY:

$

So~

b.

NET SALVAGE VALUE IF

CONSIDERED.

REAL PROPERTY:

$

~S, o

o a

c.

PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:

.

$

d.

PRODUCTIVE

NET

ANNUAL

INCOMEOF. CONTROL FACILiTY:

$

0.

PERCENTAGE CONTROL FACILITY

BEARS.

TO WHOLE FACILITY VALUE:

~~04

Sec..F

~~ioIlowlng

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 fa

ilities

daimed herein are

“pollution control

facilities” as defined. in

Section

il-iG of the

~

Sec.G

INSTRUCTIONS FOR COMPIUNG

AND

FILING

APPUCA11ON

.

~,

~

i

g

~

~

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 inthe tax records and the person to be contacted forfurther

detailsor

for Inspection of

facilities.

Define facility location by street address or legal

description.

A plat map location Is required for faclitles located

outside

of

municipal boundaries.

The property

identification

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. D

Narrative desaiption of the pollution control facility, Indicating that

Its primarypurpose is to eliminate, prevent orreduce pollution.

State the type of control

faditty.

Statepermit number, date, and agency issuing permit.

A narrative description and a process

flow diagram descrthlng the pollution control fa~ltv.Include a

listing ofeach maior piece of equipment Included In the claimed

fair cash value forreal property.

Include an averaqe analysis of the iniluent 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.

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 wateccarried wastes from airpollution control facilities.

Submit drawings,

Which dearly show (a) Point(s) of discharge to receiving stream, and (b)

Sewers

and process pIping to and

from the control

facility.

Item (3)—If the collected contaminants are disposed

ofother than as wastes, state the disposition ofthe materials,

and the value

in dolars reclaimed by sale or reuse ofthe collected substances.

State the cost of reclamation and related expense.

Item

(4)— State the date which the pollution control facility was firstplaced 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:

Attention:

Illinois

EPA

Thomas McSwiggin

Donald E.

Sutton

P.O.

Box 19276

PermIt Section

Permit Section

Springfield, IL

62794.9276

DMSIOn ofWater

Pollution Control

Division of AirPollution Control

---

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ILLINOIS ENVIRCNMEIV7AL

PROTECT/ON AGENCY

BOW/WPC/PERMIT SECTION

---

Flow

Diagram

of

Waste

Handling

5,950

Farrow

to

Finish

Pigs

~OO

rnr~

Swine

floor

~‘

is

Slats

waste

is

pumped

out

of

Gestation

pit

and

sent

to

a

drag

injector.

drains

from

the

farrowing

and

Isolation

into

bldg.

injector

inject

manure

into

at

rates

to

Plan.

pit

10’

deep.

are

2’

and

pit

is

-a-