RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY - 5 2006
PATRICK J. HARMS HOG PRODUCTION
(Charlotte Facility)
(Property Identification Number
24-24-18-300-007)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
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 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
NOTICE
By :
Patrick Harms
26596 E. 1000 North Rd
.
Forrest, IL 61741
THIS FILING IS SUBMITTED ON RECYCLED PAPER
STATE OF
ILLINOIS
Pollution Control Board
Allen Day
stant Counsel
Division of Legal Counsel
DATED: May 3, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
MAY - 5 2006
STATE OF
ILLINOIS
Pollution Control Board
PATRICK J. HARMS HOG PRODUCTION
(Charlotte Facility)
(Property Identification Number
24-24-18-300-007)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency ("Illinois EPA") by James Allen
Day, one of its attorneys, and pursuant to Section 125 .204 of the Illinois Pollution Control
Board's (Board) regulations files the following Recommendation regarding the tax certification
of water pollution control facilities pursuant to 35 Ill. Adm. Code 125.204 .
1)
On December 29, 2005, the Illinois EPA received a request from Patrick J . Harms Hog
Production for an Illinois EPA recommendation regarding the tax certification of water
pollution control facilities pursuant to 35 Ill . Adm. Code 125.204, and noted the request
as log number TC-20-05 . (Exhibit A)
2)
The applicant's mailing address is :
Patrick Harms
26596 E. 1000 North Rd .
Forrest, IL 61741
3)
The facility address is
:
30471 N. 1200 E. Rd .
Forrest, IL 61741
4)
The water pollution control facilities in this request are located at Section 18, T27N, R8E
of the 3`d P.M. in Livingston County, Illinois at the above facility address and consist of
the following :
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Livestock waste management facilities consisting of two concrete manure pits (each 187
ft. x 40 ft. x 8 ft. deep) with 8 concrete pump out pits (each 6 ft . x 6 ft. x 8 ft. deep with
wood and aluminum covers) and the slotted concrete portion of the floor over the manure
pits; two concrete manure pits (each 175 ft. x 45 ft. x 8 ft. deep) with 8 concrete pump out
pits (each 6 ft. x 6 ft. x 8 ft, deep with wood and aluminum covers) and the slotted
concrete portion of the floor over the manure pits ; one concrete manure pit (192 ft . x 95 ft .
x 8 ft. deep) with 4 concrete pump out pits (each 6 ft . x 6 ft. x 8 ft. deep with wood and
aluminum covers) and the slotted concrete portion of the floor over the manure pit
.
5)
These livestock waste management facilities are used to collect, transport, and/or store
livestock wastes prior to cropland application
.
6)
Section 11-10 of the Property Tax Code, 35 ILCS 200/11-10, defines "pollution control
facilities" as : "any system, method, construction, device or appliance 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."
7)
Pollution control facilities are entitled to preferential tax treatment, 35 ILCS 200/11-5
.
8)
Based on the information in the application and the purpose of the facilities (collecting,
transporting and/or storing livestock wastes prior to cropland application), 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 35 111
.
Adm. Code 125.200. Therefore, the facilities are eligible for tax certification from the
Board .
9)
Therefore, the Illinois EPA recommends that the Board issue the requested tax
THIS FILING IS SUBMITTED ON RECYCLED PAPER
certification
.
May 3, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
By :
Illinois Environmental Protection Agency,
s Allen Day
sistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
STATE OF ILLINOIS
COUNTY OF SANGAMON
and mailing it from Springfield, Illinois on May 3, 2006 with sufficient postage affixed for first
class mail .
t
SUBSCRIBED AND SWORN TO BEFORE ME
this third day of May, 2006
.,
.,
A
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11*1
4
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4,
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached APPEARANCE AND
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
James R. Thompson Center
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
Patrick Harms
26596 E. 1000 North Rd
.
Forrest, IL 61741
OFFICIAL SEAL
L~
<.
CYNTHIA L
. WOLFS
R
}
r, NOTARY POBUC STATE OF
ILLINOIS X
.
MY
COMMISSION EXPIRES
3 .
2007
THIS FILING IS SUBMITTED ON RECYCLED PAPER
03/09/2006
15 :44 FAX 815 832
5561
TRAINOR GRAIN & SUPPLY
gyp; -
9 2006
Watershed Management Section
UUREAU OF WATER
IL 532-0222
APC 151 (Rev. 8/00)
Tax Certification for Pollution Control Facilities
Page 1 of 2
8/00
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
This Agency is authorized to request this
information under Illinois Revised Statues .
1979,
AIR /
WATER
Chapter, 120, Section 502a-5 . Disclosure of this
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. O. Box 19276, Springfield, IL 627949276
information is voluntary. However, failure to
comply could prevent your application from
being processed or could result in denial of your
application for certification
.
FOR AGENCY USE
File No
.
Date Received
Certification No
Date
Sec A
Company Name
Patrick
J
. Harms Hog Production
-
16.07 ac]
Person Authorized to Receive Certification
Person to Contact for Additional Details
Patrick Harms
Patrirk Harms
Street Address
Street Address
26596 E 1000 North oad
26596
F loon Nn t1 Rn rl
Municipality, State & Zip Code
Municipality, State & Zip Code
Z
a
Forrest . TT
61741
Pn rc
t
TT
A 1
Telephone Number
(R15)R67-7567
Telephone umber
(815)867-7567
Location of Facility
Quarter Section
Township
Range
SW Qtr Sec 18
27 N
8 E
Municipality
Township
rural
Charlotte
Street Address
30471 N 1200 E Road
Coun y
Book Number
Livingston
Property Identification Number
Parcel Number
24-24-18-300-007
24-24-18-300-007
Sec B
z N
M
o
U
Q
Q
s
Nature of Operations Conducted at the Above Location
Pork production / raising hogs in confinement .,
The livestock waste controlled is hog waste
.
Water Pollution Control Construction Permit No
.
Date Issued
NPDES PERMIT No
.
Date Issued
Expi ation Date
Air Pollution Control Construction Permit No
.
Date Issued
Air Pollution Control Operating Permit No
.
Date Issued
Sec. C
Describe Unit Process
N/A
v
Z &
Z
a
Materials Used in Process
N/A
Watoish d" nzSection
BUREAU OF WATER
Sec. D
0o
escr
Polluf n Abatement Co trol Facdd
I-
gow diagram. bee attached exhibit showing
flow of waste from
animals to disposal on cropland
.
1
a
- Description . See attached exhibit for description of major
oN
00
pollution control components at
- Local Streams . See attached exhibit
this facility .
for waters protected and
~~
explanation how the facility keeps waste from same
.
0 0
Tax Certification for Pollution Control Facilities
Page 2 aft
8/00
rati
Sec. E
z
z
Qzz
.o
y U
F
(1) Nature of Contaminants or Pollutants
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
swine manure / waste
U
0
rc
0U
z
°
J `
i
I
3
a
(2) Point(s) of Waste Water Discharqe N/A
Plans and Specifications Attached
Yes
No
(3)
Are contaminants (or residues) collected by the control facility?
Yes
No x
(4)
Date installation completed 2 / 1 / 05
status of installation on date of applicatiorcompl eted .OPe
(5)
a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY
:
$ 30,000 .00
b. NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY :
$ 10,000 .00
c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY
:
$238,000 .00
d. PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY
:
$ 24,000
.00
e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE
:
%
75%
Sec. F
The following information is submitted in accordance with the Illinois Property Tax
knowledge, is true and correct . The facilities claimed herein are "pollution control
Illino Property Tax ode
.
Code, as amended, and to the best of my
facilities" as defined in Section 11-10 of the
Si nature
Title
Sec. G
INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
General: Separate applications must be completed for each control facility claimed
. Do not mix 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
Information refers to applicant as listed in the tax records and the person to be contacted for further details or for inspection of
facilities. 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 pollution control facility . Include a listing of each major piece of equipment included in the claimed
fair cash value for real property. Include an average analysis of the influent and effluent of the control facility stating the
collection efficiency
.
,n
Sec. E
List air contaminants, or water pollution substances released as effluents to the manufacturing processes. List also the final
o
disposal of any contaminants removed from the manufacturing processes
.
N
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
z
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 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
.
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
Division of Water Pollution Control
Division of Air Pollution Control
fl?
i
,~
71Y-
lam'i
13&
n
~-L
k, p~,f-ZK
,,,,_-, .. ..TL-1
Section D (Exhibit D-1, 2, 3)
Buildings and their dimensions are shown on
drawing (to the left) .
Flow diagram - each building has an 8-foot deep
concrete waste holding pit beneath hog area, floor
of hog area being concrete slat. Waste enters pit
via gravity
.
As needed, a 100 horse power Houle 8-inch
agitation pump is placed into pit to move pit
material to spreader
.
The spreader is a 6,300
gallon houle fully enclosed, five injection knife
spreader / injector. Waste is then held to fields for
injection into soil as fertilizer
.
List of field
locations
is
available
if
desired .
Grassy
vegetative
filters
separate
fields
from
any
drainage structures .
Nature of pollution control components at facility
.
Construction
is
reinforced
concrete
pit in
foundation, concrete slatted floors, steel enclosed
walls and roof structures. Pump and spreader are
as indicated above
.
Locall streams. Local streams, etc., are shown on
the attached exhibit. The facility is constructed of
such materials and design factors as to insure no
leakage .
Pump and
spreader are
enclosed
systems, so that leakage or spillage does not
occur .
Spreader injector system insures that
material enters and remains in the soil. Fields in
which injection is done are sufficiently far from
any drainage structures so as to insure that
material does not cause any pollution
.
?
-
r `~
b, 1
1
avX
C ;
r
D
004 PAYABLE 2005
owner Name
:
HARMS, PATRICK
-.
boy
-
*r
j ~L )
+PRIOR YR BALANCE
TOTAL TAX DUE
$15,429.90,
15725
C~ r
a
A4
(fb
5
Po_c
.
Livingston County Real Estate Tax Bill
Livingston County Collector's Office, P .O. BOX 50, Pontiac, IL 61764
BARBARA R. SEAR, LIVINGSTON COUNTY TREASURER
Township: Charlotte
Tax Code: 24002
Prop Class: 0011
Parcel Number: 24-24-18-300-007
Parcel Address :
GMyt
/4$
ti
TIF BASE
977 EQUALIZED
AF BASE
Legal Description
PLEASE READ REVERSE SIDE
24-18-300-007
PT NW LYG
ACS) & ALL
518 T27 R8
204.61 ACRES
W70.21 ACS & E6.07
PAIR CASH VALUE
FOR IMPORTANT INFORMATION
HARMS, PATRICK J
26596 E 1000 N RD
FORREST, IL 61741-0000
S & W OF CRK (EX
SW
(
TOTAL ACRES
204.61
1st INSTALL DUE
:
07115/2005
2nd INSTALL DUE :
09116/2005
-AND VALUE
BUILDING VALUE
0
-HOME IMPROVEMENT
PENALTIES
PENALTY OF 1 1/2e/ PER MONTH ADDED
k
ASSESSED VALUE
AFTER EACH INSTALLMENT
EACH MONTH OR PART
DUE DATE FOR
OF MONTH
STATE MULTIPLIER
1 000
EQUALIZED ALU
Prior Year Prior Year Current
Current Pension
Taxing Body
Rate
Tax
Rate
Tax Amount Difference
0 NEROCCUPIED
_
;URAL SELCAS
0.02956
$22.71
0.03255
$50.22
0.00
27.51
-HOMESTEAD EXIMPT
IVINGSTON COUNTY
1 .13684
$873.27
1 .20042
$1,852.22
410.20
978.95
'ERM. RIVER OUTLET
000000
$68.32
0.00000
$68.32
0.00
0.00
SAF EXEMPTION
:HATSWORTH FIRE
02
041515
$318.90
0.41663
$642.85
0.00
323.95
VETERA FREEZE
'ARKLAND
CC
505
0.48379
$37163
0.48513
$748.54
0.00
376.91
WPS 17,18,23,24
0.04721
$36.26
0.05047
$77.87
0.00
41 .61
ARM LAND
25,561
;APS-CHATSWORTH #4
0.35026
$26906
0.35083
$541 .32
0.00
272.26
FARM BUILDING
:HARLOTTE RD DIST
:HARLOTTE TWO
0.73116
$561.65
0.74936
0.78976
$606.66
0.80968
$1,156.24
$1,249.31
0.00
594.59
74.96
642.65
128,733,((
T TAXABLE VAL
154,29
'RAIRIE CENTRAL U8
574997
$4,416.90
4.85285
$7,487.80
582.14
3070.90
T
RATE
9.95585
'RAIRIE CENTRAL BOND
0 .00000
$0.00
1 .00793
$1,555.21
0.00
1555.21
CURREN TAX
I
15 361 .58
ENTERPRISE ZONE
$0.00
DRAINAGE
Totals
9.73370
$7,545.36
9.95585
$15,429.90
$1,067.30
$7,884.54
$68.32
i
i.
CHARLOTTE
PARTH
SULL I VA N
Aft
Illinois
A~R~61tnre
Registrant :
Mr. Patrick Harms
Lazy H, Inc .
708 N. 4ta St .
Fairbury, IL 61739
Date Issued: December 14, 2004
Rod R. Blagojevich, Governor
•
Chuck Hartke, Director
Bureau of Environmental Programs
State Fairgrounds
•
P.O. Box 19281
•
Springfield, IL 62794-9281
•
217/785-2427 (voice/TDD)
•
Fax 217/524-4882
Pesticide Misuse Hotline 1-800-641-3934 (voice/TDD)
Facility Location :
Wing, IL
Facility ID# :
LF1050190001
The Department has received a certification notice from the owner or operator relative to the
completion of construction of a non-lagoon livestock waste handling structure at the
aforementioned facility. The certification indicates that the waste handling structure has been
constructed or modified in accordance with the requirements of the Livestock Management
Facilities Act (Act) (510 ILCS 77/1 et seq .) and rules and that the information provided during
the registration process is correct
.
On December 9, 2004, Department representatives conductedd a final inspection at the facility
pursuant to the Livestock Management Facilities Act (510 ILCS 77/13 (g))
. No deviations from
the construction plan were noted during the inspection . Inspections of the facility were also
conducted prior to and during the construction phase of the project
.
Pursuant to the Section 13 ofthe Livestock Management Facilities Act, the construction plan and
certification requirements of the Act have been met The owner or operator of the livestock
waste handling facility may proceed to place the structure into service
.
Pursuant to 35 Illinois Administrative Code 506 .304 (c), this structure was required to install a
perimeter foundation drain that included a sampling port to allow for quarterly sampling
pursuant to 8 Illinois Administrative Code 900 .511. The samples must be analyzed for the
following items : nitrate-nitrogen, phosphate-phosphorus, chloride, sulfate and ammonia-
nitrogen. The quarterly sampling period assigned to your facility is as follows : January,
April, July and October. Please be advised that sample results must be submitted to the
Department within 30 days after sample collection and must contain a discussion relative to the
significance of the results .
Lazy H, Inc. (ID #LF1050190001)
Page 2
Final Notice of Construction Plan Completion
If you have any questions or if the Department may be of service to you, please feel free to
contact us at 217/785-2427
.
Warren D . Goetsch, P.E .
Bureau Chief, Environmental Programs
cc : file
Tim Kluge, IEPA
LF1050190001cpfinal
Sincerely,
ILLINOIS DEPARTMENT OF AGRICULTURE
Brad A. Beaver
Manager, Livestock Waste Program
