BEFORE THE ILLINOIS POLLUTION CONTROL BOARIRECE~VE~

CLERK’S OFFICE

McLean Properties, LLC

)

JAN

2 82005

(Property Indentification Number

)

09-003-002-60)

)

,

STATE OF ILLINOIS

)

PCB

05

)

~

Pollution Control Board

)

(Tax Certification)

NOTICE

Dorothy M.

Gunn, Clerk

McLean Properties, LLC

Illinois Pollution Control Board

1533

HWY

136

James R. Thompson Center

Atlanta, Illinois

61723

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 ILLiNOIS

1/

By:

(/~-~

~

-~t

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

---

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

McLean Properties, LLC

)

JAN

282005

(Property Indentification Number

)

STATE

OF ILLINOIS

09-003-002-60

)

Pollution

Control Board

)PCB05-~’4~

)

(Tax Certification)

)

APPEARANCE

The undersigned, as

one of its attorneys, hereby

enters an

APPEARANCE

on behalfofRespondent,

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

---

RECE~VED

CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION

CONTROL

BOARD

JAN

282005

STATE OF ILLINOIS

McLean Properties, LLC

)

Pollution

Control Board

(Property

Identification Number

)

PCB 05-

)

Lf~’

~

09-003-002-60)

(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 2, 2004,

the Illinois

EPA received

a

request from

McLean Properties,

LLC (log number TC-1 1~-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:

McClean Properties, LLC

1533HWY 136

Atlanta, Illinois 61723

3.

The proposedwater pollution control facilities in this request

are

located atNW

‘/4

Section

3,

T21N,

R2W

of the 3rd P.M. in Logan County, at the above street

address and

consist ofthe following:

Livestock waste management facilities consisting of one concrete manure

pit (approximately 100 ft.

x 230

ft.

x

8

ft. deep), with the slotted concrete

portion ofthe floor over the manure pit and

6 concrete pump out manure

pits (each 6 ft.

x

6

ft.

x

8

ft. deep) located in each ofthree swine buildings.

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.

THIS FILING SUBMITTED

ON

RECYCLED PAPER

---

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 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 infonnation 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

2.17/782-5544

THIS FILING SUBMITTED ON

RECYCLED

PAPER

---

)

STATE OF ILLINOIS

)

)

COUNTY OF

SANGAMON

)

PROOF OF SERVICE

I, the undersigned,

on

oath state that

1 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

McLean Properties,

LLC

James R.

Thompson

Center

1533

HWY 136

100 West Randolph Street, Suite.

11-500

Atlanta, Illinois 61723

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

26th

day of January, 2005

;.j.

:~:

OFFICIAL

SEAL

CYNThIA L WOLFE

i

NOTARY

PUBLIC, STATE OF ILUNOIS

Public

~ MY

COMMISSIONEXPIRES I ~0

~9O7

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

Watersried Unit

Tax

Certification Review Sheet

Project

Name:

Reviewer:

Log No.:

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Provided

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Cash

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Wastes:

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is applied

to cropland.

0

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spillage is

recycled

through

the facility

and/or land

applied.

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Other:

_________________________________________________

Physical

Description of

Pollution

Control Devices:

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De~’icesInstalled:

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---

Flow

Diagram

of

Waste

Handling

9,000

Swine

floor

All

concrete

Feeder

to

Finish

is

100

concrete

—÷

pits

under

the

Pigs

,

Slats

slats,

8’

deep

101’x228’

.

Waste

is

loaded

onto

wagon

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

o.n

rates

determined

by

soil

samples

and

the

NMP.