BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
REC~VED
CLERK’S OFFICE
Bay Creek 2 Investments, LLC
)
JAN
2 82005
(Property Indentification Number
)
73-0O1-04A)
)
/
STATE
OF
ILLINOIS
)
PCB
05-
14”,
Pollution Control Board
)
(Tax Certification)
NOTICE
Dorothy M. Gunn, Clerk
Bay Creek 2
Investments, LLC
Illinois Pollution Control Board
RR
1
Box 210A
James R.
Thompson Center
Nebo,
Illinois
62355
100 West RandolphStreet, 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 of the Clerk of the
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 FILING
IS SUBMITTED
ON RECYCLED PAPER
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
282005
Bay Creek 2 Investments, LLC
)
STATE OF ILLINOIS
(PropertyIndentification Number
)
Pollution
Control Board
73-00I-04A
)
)
PCB 05-
)
(Tax Certification)
)
APPEARANCE
The undersigned, as one of its
attorneys,
hereby enters an
APPEARANCE
on behalf ofRespondent,
Illinois Environmental
Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:_____________________
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
REc~vED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
282005
Bay Creek 2 Investments, LLC
)
/
OF ILLINOIS
(Property Identification Number
)
PCB 05-
U
ion
Control Board
73-001--04A)
)
(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 2
Investments, LLC (log number TC- 18-04, Exhibit A) for an Illinois EPA
recommendation regarding the tax certification of water pollution control
facilities pursuant to 35 Ill. Adm.
Code
125.204.
2.
The applicant’s address is:
Bay Creek
1
Investments, LLC
RR2Box21OA
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 ofthe following:
Livestock waste management facilities consisting ofone
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
SOQ 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 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 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 ofthe 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 of eliminating, 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
TillS 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
1
Box 210A
100 West Randolph Street, 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.
~
d~
SUBSCRIBED AND SWORN
TO BEFORE ME
this
26th
day of January,
2005
:.~:
:~
CYNTHIA L. WOLFE
NOTARY PUBLIC, STATE
OF IWNOIS
~
PRES
3~2O4’OO7
Public
THIS FILING
IS
SUBMITTED ON RECYCLED PAPER
Watersned
Unit
Tax Certification
Review Sheet
Project Name:
Reviewer:
Log No.:
Location:
Date:
Type:
Contact:
Phone:
Property
ID:
AJg,~’
I2~-
/
~
/a
~
d~
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bi
~
f”lj~
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~‘
~
~
Title:
______________________________
Wastes:
~Livestock
waste
is applied to cropland.
D
Agrichemical rinsate and spillage
is recycled
through
the
facility
and/or
land applied.
C Other:
Physical Description
of Pollution Control Devices:
(~/~
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ill
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Applicant:
Faciliw:
kL~Lr\
~
7L1~
~J-,~-~e
C
Agchem
‘~‘Livestock
‘2.7
!j22~
,
B’y
Cr~k 2~~
?.L~C..
?~-~-
~ioA
t~P.&~),.~L..
(Dfl~~
Legal
Description:
?P
J~/’~
A
-1—
7S~
R ~
U
~+
4-~!~ ~
1Pfvl
73-Go
I
-o’-/4
Date Control
Devices
Installed:
Signature:
County:
Provided
Fair
Cash
Value:
I
APPUCATION
FOR
CERTIFICATION (PROPERTY
TAX TREATMENT)
POLLUTiON
CONTROL FACI
AIRD
WATER
IWNOIS ENVIRONMENTAL
PROTECTION
AGENCY
P.O.
Box 19276, Spdngfleld, IL
62194-9216
This
Agency
is
aud~iized to
request
this
infcxmalion tmdes illinois Revised Statues, 1979,
a~apter,
120,
Section
502a-5. Disclosure
ofihis
infi,cmation
is voluntary.
However,
faike to
comply
could
prevent
your
application
from
being processed or could result
in
denialof
your
application for ceslification.
FOR AGENCY
USE
F~e
No.
Date Recolvod
Cerlthcation No.
Date
Sec. A
,..
~
~
~
Com~pany
Name
Cxe~&l-
~s~e*~*s
j
LL.t!..
Person Authorized to Receive Certification
Person to Contact for Additional Details
i~
C1&~o~
3o.~o~t
L~o~d~
StreetAddress
Street Addres~
~q75~3~.4~
?.o~e~
121
~f1r1ie
Municipality. State
&
Zip Code
Municipality,
State
&
Zip Code
C,&rl~v.it
,
~-
P~3I
Téleph~éi~iumber
Telephone Number
Location of Facility
Municipality
Township
QuarterSection
Township
Range
3’~~J
Street Address
County
Book Number
P~~t
e0~Io4
N?,b~ ~
Property Identification Number
Parcel Number
‘T?)-
OC)t-ø~
f\
Sec. B
C,
~
~
~
~O
Nature of OperationsConducted at the Above Location
‘~
~,
5q.5o
~~4
rG~-ro~
~°
~
~e.
e,o-44~.Q~W~~4
~
Water Pollution Control Construction
Permit
No.
NI~
Date Issued
4)/A
NPDES PERMIT No.
&Ifl
Date Issued
Eq*ation Date
4//A
Air PollUtiOn Control
Construction Permit No.
NIfl
Date Issued
/JM
Air Pollution Control Operating Permit No.
NIA
Date Issued
A)J’l
Sec.
C
k
~
0
u.Q~
Zn-
~
Descnbe Unit
Process
NIA
Materials Used
in Process
.
rJiI)
Sec
0
~
Describe Pollution Abatement
Control
Facility
S~
A44~i1i&~
ct~ram~.
4~Q
122004
ILL/No/sE/vv/A
BO~~NJ4GENCY~L
EL 532-0222
APC
151
(Rev.
8/00)
• Tax CerY~~1cthonfi,r
Pollution ContmlFacilities
Page
1
of
2
&vo
Contaminant or P’~°’
it~nf
Sto~t
DESCRIPTiON
G.iim~’vA
~o
t~4~oDlt~,y
ry.•~-•
I
-
•
•
Material
Retained,
Captured or
Recovered
.-1J--,
(2) Point(s)
of Waste Water Discharae
Not~J~
DISPOSAL
OR
USE
VJt
w~.ô
I
F
-
-
~tt~4
4-a
roA~~nee.c4-o
-•.
•
4-
~‘4’r4~’
4
~ó
~qro~sl.?~
4~~c
~
•r1
S~iAt
IMtMP.
Plans and Specifications Attached
Yes
No
‘s,~,
1~L
Are
contaminants (or
residues)
collected by the
control
facility?
Yes
)(
No
(4)
(5)
Date installation completed
(flcf~
~~°3
status of installation on
date of application
~*ip1e’I?...
a.
FAIR CASH. VALUE IF CONSIDERED
REAL
PROPERTY:
$
&~2S
000
b.
NET
SALVAGE VALUE IFCONSIDERED
REAL
PROPERTY:
$
/
s
o
o o
c.
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
$
9’
d.
PRODUCTIVE
NET
ANNUAL
INCOME OF CONTROL FACILITY:
$
e.
PERCENTAGE
CONTROL
FACILITY BEARS TO WHOLE
FACILITY VALUE:
Sec. F
~~foIIowing
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
lities claimed herein are
pollution
control
facilities
as
defined in
Section 11-10 of the
I:
Illinoi
roperty T
de.
~Z
Signature
•
Title
INSTRUCTIONS
FOR COMPIUNG
AND
FILING
APPLICATiON
Sec. G
•
~,
~
General:
Separate
applications
must be
completed for each control
facility
claimed.
Do
not mbc 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
Infonnation
refers toapplicant
as
listed
in
the tax records
and
the
persontn be contacted forfurther details or for Inspection
of
fadlilies.
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 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 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
~ollutlon
control facility.
Include
a listing
of
each major piece
of equipment
Included
In the claimed
fair cash
value
for
real
property.
Include an
averaqe analysis
ofthe 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.
Rem (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)
Sewers
and process
piping to and
from the control
facility.
Sec.
F
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 collected
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:
Illinois
EPA
Thomas Mcswiggin
Donald E.
Sutton
P.O.
Box
19276
Permit
Section
Permit Section
Springfield,
IL
62794-9276
DMSIOn
ofWater
Pollution Control
DMsion of
Air
Pollution
Control
Tax Ceroficationfor Pollution Control Facilities
Page 2of2
8/00
Sec. E
(1)
Nature of Contaminants
or
Pollutants
3L)~~F
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z
~
~
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i~h~
b~W~j.
14~~
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~
-to
t~i~
b
tk
50’
-
10”
?VC~
I~’pe.
~frk~i
P1~pe-
g~Q1~
-~-i~
~5
!,~4)~eJ~
~-‘r-’t~-’2-
th
~)4*&~j~p&,
bu~1~iiv~j
~
79~x-5o~’
L);f~~
~
~Ol
dQe
~I+.
‘-rIu4L
cl4Q.
~
~‘-t&
W.k
Aa~.
b
1I’tIAt
~A
a1vto 44AM.
S~
-
(0(1
i~
LcL
?ç
p
e
~Ont\e,~
~
4~k
~AJ4~(’~J
~
i-L~
~
bR~kk~cl~
,~
~7’
~i6~?;~.
~jt\~4J~
~
(
~
‘S
kc~kr~
:~-eej~
c~4-
lb’c~ee~
~Z
Crew
fri
I
P~t~&~c~ttf
/LIJNO/S C
PRQ
Flow
Diagram
of
Waste
Handling
5,950
Swine
floor
.....~
The
Gestation
bldg’s
pit
is
Farrow
to
~‘
is
100
concrete
10’
deep.
The
Farrowing
Finish
Pigs
Slats
bldg’s
are
2’
deep
and
the
The
waste
is
then
pumped
out
of
the
Gestation
pit
and
sent
to
a
drag
line
injector.
Isolation
bldg’s
pit
is
The
manure
drains
from
~
the
farrowing
bldg
and
the
Isolation
bldg
into
the
Gestation
bldg.
The
injector
will
inject
the
manure
into
the
fields
at
agronomic
rates
in
accordance
to
the
Manure
Management
Plan.
&~CULU
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