RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
2
d
20L5
David
Billington
Farm—--Cisne
)
STATE OF ILLINOIS
(Property
Indentification Number
)
Pollution Control
Board
03-24-025-QOfl
)
)PCBO6-
)
(Tax Certification)
NOTICE
Dorothy M. Gunn, Clerk
David Billington
Illinois Pollution Control Hoard
RR
# Box 96
James R.
Thompson Center
Cisne,
Illinois
62823
100
West Randolph Street, Suite.
11-500
Chicago, Illinois
60601
Steve
Santarelli
Illinois
Department ofRevenue
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
ofthe Illinois
Environmental Protection Agency, a copy ofwhich is herewith served
upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE
OF ILLINOIS
/7
By:
Vera Herst
Assistant
Counsel
Division ofLegal Counsel
DATED:
July 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
RECrsgVED
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
JUL
28
2013
David
Billington Farm
)
OFILLINO~S
(Property Indentification Number
)
03-24-025-001)
)
)
PCB 06-
)
(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:
July 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
JUL
23p~g
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
David
Billington Farm—Cisne
)
Pollution Control Board
(Property
Identification
Number
03-24-025-001)
)
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 February 28, 2003, the Illinois EPA received a request from David Billington
(log number TC-02-03, 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:
David Billington
RR #2
Box 96
Cisne,
Illinois 62823
3.
The proposed water pollution
control facilities in this request are located at SE
corner ofW
V2,
SW ¼
of Section 24, TiN,
R2W
of the
3rd
P.M., in Wayne
County, at the above street address and consist ofthe following:
Livestock waste management facilities consisting ofone concrete manure
pit (81
ft.
x 304
ft. x
8
ft.
deep) with the concrete slotted portion of the
flooring over the manure pit, and 8 concrete manure pump out areas (each
6
ft. x
6
ft. x
9
ft deep) located
in one swine building.
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.
)PCBO6-j’
)
(Tax
Certification)
THIS FILING SUBMITTED ON RECYCLED PAPER
4.
Section
11-10 of the
Property Tax Code,
35
ILCS 200/i 1-10 (2004), defines
“pollution control facilities”
as:
“any system, method, construction, device
or appfiance appurtenant
thereto
or any portion of any building or equipment, that
is designed,
constructed, installed or operated for the primary purpose of:
(a)
eliminating, preventing,
or reducing air or water pollution
.
.
.or (b)
treating, pretreating, modifying or disposing of
any
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 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 of eliminating, preventing, or reducing
water pollution, or as otherwise provided
in 35
III.
Adm. Code
125.200, and are
eligible fortax
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:
~4-.-
Ai-c~._r—-
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated: July 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
iLLiNOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAC0,
IL
60601, 312-814-6026
Roo
R.
BLAGOJEVICI-I,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
Memorandum
To:
Connie Tonsor,
vision of Legal Counsel
From:
Bruce J. Yê~~Ianager,Watershed Management
Section
Division
of Legal Counsel
Date:
MAY
92005
MAY
112005
Re:
David Billington Farm
-
Cisne
Recommendation of Tax Certification
Environmental
Protection
Log # TC-02-03
Agency
Property Identification # 03-24-025-001
The Bureau of Water received a request on February 28,
2003
from
David Billington for
an Illinois EPA
recommendation regarding the tax certification of water pollution control facilities pursuant to
35
II.
Adm. Code
125.204.
We offer the followingrecommendation.
The water pollution control facilities in this request include the following:
David Billington
Farm
RR #2
Box
96
Cisne,IL
62823
SE corner of W 1/2,
SW
114
of Section 24, TiN, R2W of the 3rd P.M.
Livestock waste management facilities consisting of one concrete manure pit (81
ft.
x
304 ft. x
8
ft. deep) with the slotted concrete portion of the floor over the manurepit,
and 8 concrete manure
pump
out areas (each 6 ft. x 6 ft. x 9
ft. deep)
located in one swine building.
These livestock waste management facilities are used io collect, transport and/or
store livestock
wastes prior to cropland application.
These facilities are further described in the enclosed applications and supporting documents.
Basedon the information included in this submittal, it is our engineeringjudgment that the above
proposed facilities may be considered“Pollution Control Facilities” under
35
IAC 125.200(a), with the
primary
purpose ofeliminating, preventing, or reducing water pollution,
or as otherwise provided in
this
section,
and therefore eligible fortax certification
from
the illinois Pollution Control Board.
The Bureau
ofWater therefore recommends that the Board issue the requested tax certification for these facilities.
Ifyou have any questions regarding the above, please contact Thaddeus Faught at 217/782-3362.
BJY:TJF:TC-02-03 .doc
cc: Tax Cert File
ROCKFORD
—4302
North
Main Street,
Rocklord, IL 61103— (815) 987-7760
•
DES
PLAINES
—9511
W. Harrison
St.,
Des Plaines, IL 60016 —(847) 294-4000
ELGIN
—595
south
State,
Elgin,
1160123— (847)606-3131
•
PEORIA
—5415 N. University St,
Peoria,
1161614 —(309)
693-5463
BUREAU
OF LAND
-
PEORIA
—7620 N, University
St.,
Peoria, II 61614— (309) 693-5462
•
CHM-IPAIGN
—2125 South First Street, Champaign,
IL 61820— (217) 276-5600
SPRINGFIELD
—4500 5. Sixth Street Rd., Springfield,
IL
62706 —(217) 786-6892
•
COLUNSVILIE
—2009 MaIl
Street,
CoIIinsviIIe,
1162234— (618)346-5120
MARION
—2309W.
Main Si,
Suite
116,
Marion,
IL 62959— (618) 993-7200
PRINTED 01i
RECYCLED
PAPER
Watershed
Unit
Tax Certification
Review Sheet
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Control
Devices
Installed:
Signature:
County:
Provided
Fair Cash
Value:
Title:
Wastes:
o Livestock waste is applied
to cropland.
O Agrichemical
rinsate
and spillage
is recycled
C
Other:
through the
facility
and/or
land
applied.
Physical Description of Pollution
Control Devices:
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ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Mr.
David Billington
RR 2 Box 96
Cisne, IL
62823
1021
NORTH
GRAND AVENUE EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRRNO,
DIRECTOR
September
1,2004
~
A&?
25
:c:s
Watershed
~8nac-3r~en~
s~
--
Re:
illinois
Property Tax:
David Billington Farm
—
Cisne
Livestock Waste Pollution Control Facilities
Log
No. TC-02-03
Dear Mr. Billington:
.
-
The application for illinois
Property Tax Certification received February
28, 2003
and August
31, 2004 for
the above listed facilities has been reviewed
and
the following
is
offered
for
your consideration and
appropriate action.
1.
Please provide a completed copy ofthe second page of
the
application form.
This
page
has
been
enclosed.
-
Please
review
the
subject applications accordingly for the items specified above
and submit
to the illinois
Environmental Protection Agency so that we may
complete
the
review of
the
subject application.
Please
include the above log
number,
TC-02-03,
on all
correspondence.
If
you have
any
questioni
or
comments concerning
the
above items, please
contact me
at
the
above
address
and telephone number.
Very
truly yours,
Thaddeus
Faught
-
Facility
Evaluation Unit
Watershed Management
Section
Bureau
ofWater
TJF:TC-02-03a2.doc
cc:
T.C.
File
ROCKIORD
—4302 North
Main Street, Rockford,
IL 61103 —(815) 987-776@
•
Dts
PLAINES
—9511
W.
Harrison
St.,
Des Plaines,
IL 60016— (847) 294-4000
ELGIN
—595 South State, Elgin,
IL 60123 —(847) 608-3131
•
PEORIA—
5415
N. University St.,
Peoria, IL 61614 —(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—
7620 N. University
St.,
Peoria, IL 61614— (309) 693-5462
•
CHM4PAIGN
—2125 South First Street, Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street
Rd., Springfield,
IL 62706 —(217) 786-6892
•
C0LLIN5vILLE
—2009 MaIl
Street,
Collinsville,
IL 62234 —(618)346-5120
MARION
—
2309
W.
Main
St.,
Suite
116, Marion, IL 62959 —(618) 993-7200
--
217/782-3362
PRINTED
ON
RECYCLED
PAPER
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SéCE
(ij Nature bTC&iiiminan~sor Pollutants
b3
Material Retained,
Captured or Recovered
Contaminant or Pollutant
t~1A4
&i-c-r-e.
-
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DESCRIPTION
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Waste Water Discharge
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7
“—I
Plans
and
Specifications Attached
Yes,~4t4’ko
A~L
Are contaminants (or residues)
collected
by the
control
facility?
Yes
i—
No
(4)
(5)
Date installation completed
s.f
—
h
3,
status of installation
on date of application
a.
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
~ço
.~
~
b.
NET SALVAGE
VALUE IF CONSIDERED REAL PROPERVt’:
$
~
c.
PRODUCTIVE GROSS ANNUAL INCOME OF
CONTROl
FACILElY:
$
//O
,,~,
act’
-d.
PRODUCTIVE
NET
ANNUAL INCOME
OF CONTROL
FACILITY:
$
‘
çç-
~
e.
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE
FACILITY
VALUE:
....50
~‘0
Sec.
F
7Rflollowing 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
0
IIIir~is
Property Tax Codp~
‘
~
~
Signature
Title
Sec.
G
INSTRUCTIONS FOR COMPILING
AND FlUNG APPLICATION
~,,
~
~
~
General:
Separate applications
must
be completed
lbr
each control
facility daimed.
Do
not
mix
types
(water
and
air).
Where both
air and
water
operations
are
Mated,
file two applications.
If
attachments are
needed, record
them consecutively
on an index
sheet
Sec. A
Sec.
B
Sec. C
Sec. D
lnbmfln
refers
to apppcant as Isted
In
the tax
receSs and the penori to be contacted
for
fu-ti-jer
details orfor
inspection
of
facilities.
Define facility location
by
street
address or legal desa~ption.A piat map location
is
required for facilities located
outside ofmunicipal
boundaries.
The
property
Identification
number is required.
Self-explanatory.
Submit
copies of
all
permits issued by
local pollution
control agencies.
(e.g.
MSD
Construction
Permit)
Refers to manufacturing processes
or materials on
which pollution control
facility
is
used.
Narrative desaiptiori
of
the pollution control
facility, indicating that
its pr*nary 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
ocilution contitifa~tv.Include
a
listing
of
each major piece
of equipment
included
in
the daimed
fair
cash value for real property.
Include
an
averaoe analysis
of
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.
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-carTied wastes from
air
pollution control facilities.
Submit drawings.
F
~
which
dearly show
(a) Point(s) of
discharge to receMng stream,
and
(b) Sewers and
process piping to and
from 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
-
Sec.
F
in
dollars redaimed
by
sale
or reuse of
the coIIec~d
substances.
State
the
cost
of reclamation
and related expense.
Item
(4)—State the date
wtl’Ich the pcllutlon 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
a~undng
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:
Itinois
EPA
Thomas Mcswiggin
Donald
E. Sutton
P.O.
Box 19276
Pennit Section
Permit Section
Springfield,
IL
62794-9276
DIvision of Water Pollution Control
Division of e4Jr Pollution Control
Tax Certificationfor Pollution ControlFacilities
Page 2 of2
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)
STATE
OF ILLINOIS
)
)
COUNTY OF SANGAMON
)
)
PROOF OF SERVICE
I, the
undersigned, on oath state that Ihave 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
David Billington
James R.
Thompson Center
RR #2
Box 96
100 West Randolph Street, Suite.
11-500
Cisne, Illinois
62823
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
July 26, 2005, with sufficient postage
affixed for first class thail.
-
-
SUBSCRIBED
AND SWORN TO
BEFORE ME
this
26th
day ofJuly,
2005
OFFICIAL
SEAL
+
CYNTHIA L
WOLFE
~
THIS FILING IS SUBMITTED
ON RECYCLED PAPER