BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Marquis MTD, Inc
.-Hennepin
)
(Property
Identification Number
~O
)
PCB 06- 1
H01-10-204-000)
) (Tax Certification)
NOTICE
Dorothy M . Gumt, Clerk
Illinois Pollution Control Board
Mark Marquis
James R . Thompson Center
Rt . 40 South
100 West Randolph Street, Suite . 11-500
Buda, Illinois 61314
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 .
DATED : May 30, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By : 1/?~a lVens 1
Vera Herst
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
RECEIVED
CLERK'S OFFICF-
JUINi 0 i
STATE OF ILLli
Control
~~PollutionBodro
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
Marquis MTD, Inc
.
JUN 0 1 2006
(Property
Indentification Number
)
H01-10-204-000)
)
STATE OF
ILLINOIS
)
PCB
(Tax
06-Certification)V
Pollution Control Board
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an
APPEARANCE on behalf of Respondent,
Illinois Environmental Protection Agency
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
B y: (/cti
..-
Nv.
ST
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED : May 30, 2006
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
MARQUIS MTD, Inc
: Hennipin
(Property Identification Number
1101-10-204-000)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent .
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency ("Illinois EPA") by Vera Herst,
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.
Rd t^EIV
;-~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFACF
JUN 0 12i
s
Pollution
STATE OF
Control
ILLit
bcdu.Jt
:1,.
1)
On November 16, 2004, the Illinois EPA received a request from Marquis MTD-
Hennepin, Inc . for an Illinois EPA recommendation regarding
the tax certification of
water pollution control facilities at its Hennepin facility pursuant
to 35 Ill. Adm. Code
125
.204, and noted the request as log number TC-23-04 . (Exhibit
A)
2)
The person authorized to receive the requested certification
is:
Mark Marquis
Route 40 South
Buda, Illinois 61314
3)
The facility's location is :
Marquis MTD, Inc.
7026 West Power Plant Road
Hennepin, Illinois 61327
4)
The water pollution control facilities in this request are located
at Section 9, Township 32
North, Range 2 West of the 3 d
Principal Meridian in Putnam County, Illinois at the above
street address and, for purposes of this recommendation, include the following two
separate facilities :
(a) Agrichemical containment structures consisting of the portion of the building
over two dry fertilizer operational containment structures (one approximately 20
ft
. x 160 ft
. and one approximately 30 ft . x 80 ft
.) and one dry fertilizer blending
operational containment structure (approximately 60 ft
. x 80 ft . minus the
approximately 30 ft. x 30 ft . office area)
; three dry fertilizer operational
containment structures (one approximately 30 ft
. x 60 ft
., one approximately 40 ft .
x 240 ft.,
and one approximately 4 ft. x 20 ft.);
and one dry fertilizer blending
operational containment structure (approximately 60 ft
. x 80 ft. minus the 30 ft . x
30 ft
. office area) as approved under the Agency endorsed Agrichemical Facility
Permit No
. 01096736 issued November 21, 2001, and 02097230 issued October
28, 2002) .
These facilities collect, transport, and store agrichemical rinsates, residues, or washwaters
prior to reuse or disposal, and are further described in Exhibit A
.
(b) The portion of the building over the dry fertilizer storage bins (approximately
60 ft. x 160 ft
. and approximately 60 ft
. x 240 ft. ; and the portion of the building
over the two main areas in front of the dry fertilizer storage bins (one
approximately 10 ft . x 160 ft
. and on approximately 10 ft
. x 240 ft . (These
facilities are further described in Exhibit A
.)
5)
Section 11-10 of the Property Tax Code, 35 ILCS 200/11-10 (2000), 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
."
6)
Pollution control facilities are entitled to preferential tax treatment, 35 ILCS 200/11-5
(2004) .
7)
With respect to the facilities described in Paragraph 4(a), (the containment structures)
based on the information in the application and the purpose of the facilities (to collect,
transport, and store agrichemical rinsates, residues, or washwaters prior to reuse or
disposal), it is the Illinois EPA's engineering judgment that the described facilities may
be considered "pollution control facilities," pursuant to 35 111 . 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.
8)
With respect to the facilities described in Paragraph 4(b) above (the portion of the
building over the dry fertilizer storage, and the portion of the building over the two main
areas in front of the dry fertilizer storage bins), based on the information in the
application and the purpose of the facilities (to protect products from moisture), it is the
Illinois EPA's engineering judgment that the described facilities are not "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. (See Exhibit B) Therefore, the facilities are not eligible for tax
certification from the Board .
9)
Therefore, the Illinois EPA recommends that the Board issue the requested tax
certification for the facilities described in Paragraph 4(a) above (the containment
structures) and deny the requested tax certification for the facilities described in
Paragraph 4(b) above (the portion of the building over the dry fertilizer storage, and the
portion of the building over the two main areas in front of the dry fertilizer storage bins) .
Illinois Environmental Protection Agency
May 30, 2006
Illinois Environmental Protection Agency
1021 North Grand Ave . E.
P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
By:
L New r
Vera Herst
Assistant Counsel
Division of Legal Counsel
STATE OF ILLINOIS
COUNTY OF SANGAMON
and mailing it from Springfield, Illinois,
on May 30, 2006, with sufficient postage
affixed for first class mail .
SUBSCRIBED AND SWORN TO BEFORE ME
This 30th day of May, 2006
v
~.
aaaaaeeeoeaaaaaaaa,
. o.
. .
. . . .;
BRENDA
OFFICIAL
BOENNER
SEAL
NOTARY "M STATE OF ILLINOIS
amy
aoo
EXPIRES 11
. 3
.2009 .
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
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
Mark Marquis
Rt . 40 South
Buda, Illinois 61314
~aell?
Ajot'~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Jan 31 06 11 :47a
Keith Honegger
6186561517
Exhibit A
Memo
C..
KEITH HONEGGER
STATE CERT
. GEN
.
REAL
ESTATE APPRAISER
PROPERTY TAX/CONSUILTANT
3200 Old Trov Road
Glen Carbon, IL 62034
FAX
(613)
(616)
656-6046656-1517
To:
Dan Heacock
From: Keith Honegger
Date: January 31, 2006
Re:
Pollution Certification for Marquis, Inc .
We have not gotten any correspondence from either your office or the Pollution
Control Board on our application submitted in 2004 for : What is the status?
Marquis MTD, Inc .
Rt. 40 South
Buda, IL 61314
Location of Facility Fertilizer Facility :
7026 West Power Plant Road
Hennepin, L PIN H 01-10-204-000
Construction Permit : AC 1096736 Dated Nov
. 21, 2001
P .1
Keith Honegger 3200 Old Troy Road Glen Carbon, IL 62034
618)656-8046
FAX 618/656-1517
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SubjectReviewed
Data by
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Title :
Wastes
:
Livestock waste is anuiied to c:dtana .
Ja(Agneremtcai rinsate ana spiiia_e
:s recycled througn the facility anaor iana appned .
Phvstcai Description
a
of
OtherPollution
. Controt
Devices
:
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State of Illinois
Lut C _ ~
LJ~,e
,c,l~L
Department of Agriculture
AGRICHEMICAL FACILITY PERMIT
FC C
~F LZ L
LAGRICHEMICAL FACILITY PERMIT MODIFICATION
A permit modification is her yb granted to the above designated permittee to cons Tuct and/or operate an
agrichemical facility which s previously approved under the above references permit number
. The
facility and associated permit as been modified as follows :
DRY FERTILIZ STRUCTURE
Installation an operation of a reinforced concrete operational containment structure measuring
30' (width) x 60' (length)
. All loading of bulk dry fertilizer transpo tion and application
equipment sh I be performed upon the herein permitted structure . This s cture shall replace the
24' (width) x 20' (length) loading-containment structure previously p rmitted under Permit
number AC010 6736, issued November 21, 2001 .
The facility shall i tall a bulk dry fertilizer blender . The blender shal be located upon the
reinforced concrete con inment structure with the greatest dimensions asuring 100' (width) x
240' (length) previously ermitted under Permit number AC0109673 , issued November 21,
2001 .
V, erald C"" rbach, Manager
Permits and Downstate Field Operations
This permit modification has also been re4iewed and approved by the Illinois En ronmental Protection
Agency per the attached permit mo ification endorsement . The expirati
date of this permit
modification shall remain the same as 'ssued on the original permit.
All Special Conditions on the original p
t issued are also applicable to
permit unless specifically
deleted or revised in this permit .
THE STANDARD CONDITIONS OF ISSUA CE IN THE ATT CHED PAGES MUST BE
Warren D . Goetsch, P . .
Division Manager, Natural Resources
cc: IEPA : WPC :Permits
file
a:155205 .pmod
Permitee
:
Facility ID Number : AC1552050000
Facility Location :
Hennepin, IL
Marquis, Inc.
7226 IL Hwy 40
Buda, IL 61314
Permit # :
AC01096736
Log Number :
02 97230
Facility Type
: Commercial : Retail Dea er Date Received :
Sep mber 25, 2002
Date Issued : October 28, 2002
Expiration, Date :
Nov her 21, 2006
!CPC - f~ Q
~~
9-01
Lo-
State of Illinois
Department of Agriculture
AGRICHEMICAL FACILITY PERMIT
Permittee :
Facility ID Number : AC1552050000
Facility Location :
Hennepin, IL
Marquis, Inc .
7226 IL Hwy 40
Buda, IL 61314
Permit is hereby granted to (the above designated permittee to construct and oierate an agrichemical
containment facility as folldws :
I
BULK DRY FERTILIZER STRUCTURES
Operation of an existing bulk dry fertilizer storage building measuring 160' (widfh) x 240' (length)
with an estimated total torage capacity of 7500 tons . The structure is composed) of five (5) storage
bins, each bin measuring ' (width) x 80' (length) with an estimated storage capacity of 1500 tons
each.
All bulk dry fertilizer shall be s red within the herein permitted structure .
Operation of an existing reinforced concrete operational containment structure ith the greatest
dimensions measuring 100' (width) x 24b' (length) . All endloader transfer of balk dry fertilizer
between storage and the load out and tlye loading and unloading of bulk dry fertilizer truck
transportation equipment shall be performed upon the herein permitted struc re
Installation and operation of a welded steel operational containment structure measuring 4' (width) x
20' (length). The crane clamshell transfer
ulk dry fertilizer from the urge to the bulk dry
fertilizer truck transportation equipment shall b performed upon the herein permitted structure .
Installation and operation of a reinforced concrete operational cont~a
ent structure measuring 24'
(width) x 120' (length)
. All loading of bulk dry fe tilizer transportation and application equipment
directly from barge transports shall be performed u n tbeherei4 permitted structure
.
There shall be no discharge of wastewater from the herein permitted facilities .
This permit has been reviewed and approved by the Illinois Environmental Protection Agency per the
attached permit endorsement
. This permit is subject to standard condition
s
on the reverse side of this
document and the following special conditions :
Permit # :
AC01096736
Log Number :
0109 36
Facility Type: Commercial: Retail De er Date Received :
Septe er 9, 2001
Date Issued: November 21, 2001
Expiration Date :
Novem~ er 21, 2006
S
i
r
Marquis, Inc
.
State of Illinois
Department of Agriculture
AGRICHEMICAL FACILITY PERMIT
SPECIAL CONDITION 1 :
The permittee shall provide backflow protection in accordance
with the Illinois Department of Public Health Plumbing Code (77 Ill
. Adm. Code 890) and the
Illinois Environmental Protection Agency's Technical Policy Statement (35 Ill . Adm. Code
653
.803(c)(4) .
SPECIAL CONDITION 2 :
e permittee shall operate the expo d d
fertilizer
operations pursuant to 8 Illinois Admi istrative Code 255 .140 (a) (c) and d).
THE STANDARD CONDITIONS OF I UANCE ON THE REVERSE SIDES OF THIS MUST BE
COMPLIED WITH IN FULL .
A4
Warren
W,I~L
D . Goetsch, P .E,J
Division Manager, Na al Resources
cc: Illinois EPA : WP . Permits
file
a :155205 .per
Page 2
Gerald C . Kirbach, Manager
Permits and Downstate Field Operations
IL 532-0222
APC 151 (Rev . 8/00)
Tax Cert fcation for Pollution Control Facilities
Page I of 2
8/00
i C.-23-0L7
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIRQ
WATER K
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. 0 . Box 19276, Springfield, IL 62794-9276
This Agency is authorized to request this
information under Illinois Revised Statues, 1979,
Chapter, 120, Section 502a-5 . Disclosure of this
information is voluntary
. However, failure to
comply could prevent your application from
being processed r could result in denial of your
FOR AGENCY USE
application for c-
no
∎~!~
.
jW
0
V
r
~t
File No .
Date Received
Certification No .
Date
NO
v
f
,
Sec . A Company
Marquis
Name
MTD, Inc.
ILLINOIS ENVI,RONr
te _i
Person Authorized to Receive Certification
Mark Marquis
Person to Contact for Additiond, t it
Stt,
/IONAGE
Keith Honegger
W/WPC/PERMIT SECT
Street Address
Street Address
Rt 40 South
3200 Old Troy Road
Z
a
a
Municipality, State & Zip Code
r A
Al
I111
Municipality, State & Zip Code
Te ep on umber
Telephone
Glen
NumberCarbon
Ii, 62.034
<
LoA¢oigoosai
1000
Ity
FIRIts9S_R04h
Quarter Section
Township
SEC 9 TWP 32N R2
Range
Municipality
Township
Hennepin
Hennepin
Street Address
County
7026 West Power Plant Road
Book Number
Putnam
Property Identification Number
Parcel Number
H 01-10-204-000
Sec . B Nature of Operations Conducted at the Above Location
Mixing, Loading, and Storing of Agrichemicals and Fertilizers
r7
Or
D
N
Z
aI
z
s
Qno
Water Pollution Control Construction Permit No .
(10(72(
i~ n1n4F7lt
Date Issued
NPDES PERMIT No .
Date Issued
NovemhExpiration
r71 7001
Date
Air Pollution Control Construction Permit No .
Date Issued
Air Pollution Control Operating Permit No .
Date Issued
Sec. C
Q
o0
aE
Describe Unit Process
Materials Used in Process
Sec . D
z
0
Z
o
a
h
0
a
l Describe Pollution Abatement Control Facility
1) Agrichemical containment structure consisting of one
agrichemical operational area containment structure (100' x 240') used for endloader transfer of bulk dry fertilizer
from fertilizer storage area to blending and loading area and the portion of the building over said structure
. 2)
Operational containment area (30' x 60') used for loading bulk dry fertilizer transport and application equipment
directly from barge transport
; associated collection and recover systems as endorsed Agrichemical Facility Permit
No
. AC01096736 Log 4 01096736 .
Tax Certification for Pollution Control Facilities
Page 2 of2
8/00
Sec . E
(1) Nature of Contaminants or Pollutants
Material Retained Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
Fertilizer
Various Nitrogn Phosphonis Rr Potash
Recycle
(2) Point(s) of Waste Water Discharge
r
`z
°
U
Plans and Specifications Attached
Yes
No X
(3)
Are contaminants (or residues) collected by the control facility's
Yes
No X
(4) Date installation completed p$/-OL
status of installation on date o application
Op-eratlnna
I
(5) a . FAIR CASH VALUE IF CONSIDERED REAL PROPERTY :
$ fifi0 .
n00
b NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY
$
fife (1f1(1
c . PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY
$
n
d . PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY
$
e . PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE :
Sec . F
% 1Q0
a
The following information is submitted in accordance with the Illinois Property Tax
knowledge, is true and correct . The facilities claimed herein are "pollution control
Illinois Property Tax Code .
eat,
Code, as amended, and to the best of my
facilities" as defined in Section 11-10 of the
F y
Signature
T tie
Sec G
INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
General : Separate applications must be completed fo(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
o
Sec E List
disposal
air contaminants,
of any contaminants
or water
removed
pollution
from
substances
the manufacturing
released as
processeseffluents .
to the manufacturing processes
. List also the final
-
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 watercaried 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
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
300'
Blending,
Loading,
end loader
area
240
Fertilizer Storage
300'
0
APR-24-2003
09
:05AM
FROM-MARQUIS
$09 895 383!
AGRICHEMICAL FACILITY rtxtvrt,r
Marquis, Iac.
%?it60I W-y 40 .
BYttl~3~€aata. :
f7"
t; ' niitie'reiai Refiait A
^Nit'"
.''t
;Vbichi
erzf MF
Permit is hereby granted to the above designated permittee to construct and of erate an
agrichemical
containment facility as
dws
:
BULK DRY FERTILIZER STRUCTURES
I
Operation of an exisbulk dry fertilizer storage building measuring 160' (wid
with an estimated total
orage capacity of 7500 tons
. The structure is compos
bins, each bin measuring '(width) x 80' (length) with an estimated storage ca
each
.
All bulk dry fertilizer shall be St red within the herein permitted structure
.
Operation of an existing reinforced concr to operational containment structure
th the greatest
dimensions measuring 100' (width) x 24
'
(length)
. All endloader transfer of
k dry fertilizer
between storage.and the load out and
loading and unloading of bulk dry fertilizer truck
transportation equipment shall be pe ormed upon the herein permitted strut
e
installation and operation of a welded st
I operational containment strut
e measuring 4' (width) x
20' (length). The crane clamshell transfer -'
ulk dry fertilizer from the arge to the bulk dry
fertilizer truck transportation equipment shall
be erformed upon the he
n permitted structure .
Installation and operation of a reinforced concrete
erational con
Tit structure measuring 24'
(width) x 120' (length) All loading of bulk dry fe ilizer transpo
tion and application equipment
directly from barge transports shall be performed u
rmitted structure .
There shall be no discharge of wastewater from the herein permitted facilities
.
This permit has been reviewed and approved by the Illinois Environmental Protection Agency per the
attached permit endorsement
. This permit is subject to standard conditions on the reverse side of this
document and the following special conditions :
T-018
P 00Z/008
F-72g
x 240' (length)
of five (5) storage
achy of 1500 tons
APR-24-2003 09 :06AM
FROM-MARQUIS
Marquis, Inc .
309 895 3831
State of Illinois
Department of Agriculture
AGRICIIEMICAL FACILITY
PERMIT
SPECIAL CONDITION 1 :
The permittee shall provide backflow protection in accordance
with the Illinois Department of Public Health Plumbing Code (77 Ill . Adm
. Code 890) and the
Illinois Environmental Protection Agency's Technical Policy Statement (35 Ill
. Adm . Code
653 .803(c)(4)
.
K .^--?
SPECIAL CONDITION
2 :
1\71 he permittee shall operate the expoicd dry fertilizer
operations pursuant to 8 Illinois Admit istrative Code 255
.140 (a) (c) andktl) .
THE STANDARD CONDITIONS OF I
UANCE ON THE REVERSE SID$OF THIS MUST BE
COMPLIED WITH IN FULL .
cc: Illinois EPA : WP
ermits
file
a 155205 . per
Warren D . Goetsch, P .E
Gerald C
. Kirbach, Mana
Division Manager, Na
Resources
Permits and Downstate F
T-018
P . 0 0
3/006
F-729
Page 2
er
Id Operations
Exhibit B
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, CHICAGO,
IL 60601 -. (312) 814-6026
ROD R . 13LAGO)EVICH, GOVERNOR
DOUGLAS P . SCOTT,
DIRECTOR
To :
Connie Tonsor, Division of Legal Counsel
From : Bruce J. Yurdin, Manager, Watershed Management Section
Date : March 9, 2006
Re
:
Marquis MTD, Inc
. -
Hennepin
Recommendation of Tax Certification
Log # TC-23-04
Property Identification # HO1-10-204-000
Memorandum
The Bureau of Water received a request on November 16, 2004 from Marquis MTD, Inc . for an Illinois
EPA recommendation regarding the tax certification of water pollution control facilities pursuant to 35 Il .
Adm. Code 125 .204 . We offer the following recommendation .
The water pollution control facilities in this request include the following :
Marquis MTD, Inc .
7026 West Power Plant Road
Hennepin,IL 61327
Section 9, T32N, R2W of the 3rd P .M. in Putnum County
Agrichemical containment structures consisting of the portion of the building over two dry
fertilizer operational containment structures (approximately 20 ft
. x 160 ft . and approximately 30
ft. x 80 ft .) and one dry fertilizer blending operational containment structure (approximately 60 ft .
x 80 ft . minus the approximately 30 ft . x 30 ft . office area)
; three dry fertilizer operational
containment structures (one approximately 30 ft . x 60 ft ., one approximately 40 ft. x 240 ft ., and
one,approximately 4ft.
x 20
ft .) ; and one dry fertilizer blending operational containment structure
(approximately 60 ft . x 80 ft . minus the approximately 30 ft . x 30 ft
. office area) as approved
under the Agency endorsed Agrichemical Facility Permit No
. 01096736 (Log No . 01096736
issued November 21, 2001 and 02097230 issued October 28, 2002) . These facilities collect,
transport, and store agrichemical rinsates, residues, or washwaters prior to reuse or disposal
.
These facilities are further described in the enclosed applications and supporting documents .
Based on the information included in this submittal, and in submittals from the applicant on November
16, 2004, the Bureau of Water "Pollution Control Facilities" under 35 IAC 125 .200(a), with the primary
purpose of eliminating, preventing, or reducing water pollution, or as otherwise provided in this section
.
This determination is based on the following factor(s) :
ROCKFORD-4302 North Main Street, Rockford, IL 61103 -(815) 987-7760 •
DES 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 •
CHAMPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892
• CowNSVILLE- 2009 Mall Street, Collinsville, IL 62234- (618) 346-5120
MARION-2309 W
. Main St., Suite 116, Marion, IL 62959 -(618) 993-7200
PRINTED ON RECYCLED PAPER
In order to be eligible to receive certification as a pollution control facility, a facility must meet the
definition of "pollution control facilities" in Section 11-10 of the Illinois Property Tax Code . The
definition requires that the facility's primary purpose is for eliminating, preventing, or reducing air or
water pollution .
The problems caused by the effect of moisture and precipitation on dry fertilizer products resulting in
caking has been well documented in the literature (Brady, 1974 ; Clayton, 1984 ; 1-laicour and Hoff, 1983 ;
Midwest Plan Service, 1991 ; Ohm and Miller, 1984 ; Sjolin, 1972 ; Taylor, 1987 ; Tisdale and Nelson,
1967 ; Tucker and Roy, 1969) . See attachment for references
.
Increased use of the commercial blending of granular dry fertilizer occurred in the 1950's (Taylor, 1987) .
In 1974 Ohm and Miller stated, "During the last two decades, handling, transport and storage in bulk of
fertilisers is increasing steadily .
. This development started in the Sixties on a large scale with handling
and transport of urea from the USA and W-Europe to the Far East ."
Product quality concerns began concurrently with the initiation of the handling of granular fertilizer . For
example, Tucker and Roy state, "Both the fertilizer industry and the consumer are plagued by the caking
of commercial fertilizer ." Tucker and Roy further state, "According to Hardesty and Kumagai (1952) free
moisture content is the most important single factor influencing caking ."
Tisdale and Nelson state, "Nothing discourages a grower more quickly than to have lumpy or caked
fertilizer
. Such materials are spoken of as 'tombstones', which may also well describe the situation of the
fertilizer manufacturer who continues to put them out . The grower demands a product that will flow
easily through the distributing equipment and can be uniformly applied in the field
. The principal factors
that determine the drillability of fertilizer are its moisture content and its state of subdivision ." Ohm and
Miller also state that, "During storage, handling and transport, rain and humid air can be called enemy
number one as far as the physical quality of bulk fertilisers is concerned
."
Ohm and Miller state, "Heaps of bulk fertilisers exposed to surrounding (moist) atmosphere will pick up
moisture at the interface product
:air." They further offer measures that can be used to avoid water
absorption including a " . . .'Keep-door-closed' policy by the personnel, and supervision of this by the
management
. .." indicating the need to store dry fertilizer products within an enclosed building thus
preventing contact with the atmosphere
. Clayton, when describing measures for controlling atmospheric
humidity for bagged dry fertilizer storage states the following, "When humidity levels are high, the
warehouses should be kept as tightly closed as possible, like those for bulk storage, and this applies
particularly during the night
." Clayton also suggests means to control relative humidity for bulk dry
fertilizer products which involves the use of a storage building . Dry fertilizer storage buildings are used
to protect dry fertilizer product from coming into contact with precipitation and moisture in the
atmosphere .
Uncontrolled exposure to precipitation presents difficulty in the ability to maintain and provide a
consistent, high quality fertilizer that is capable of meeting guaranteed analysis requirements (Brady,
1974
; Tisdale and Nelson, 1966) .
Based on the above, it appears the primary purpose of a dry fertilizer storage building is to prevent dry
fertilizer products from becoming wet so that the product quality is maintained . Dry fertilizer that
becomes wet may cake and could lead to a product that does not have a consistent particle size and does
not readily flow through mixing and application equipment and results in non-uniform fertilizer
distribution in the field of application
.
The use of buildings for storage of dry fertilizer has been a very common practice in Illinois for many
years
. The Agency, based on the above references and the longstanding concerns with the quality of dry
fertilizer product which dry fertilizer storage buildings address, finds that the primary purpose of the dry
fertilizer storage building is not to provide pollution control as specified in the definition of "pollution
control facility" in Section 11-10 of the Illinois Property Tax Code
.
The operational area containment structure immediately in front of the open dry fertilizer storage bins is
integral to the operation of the dry fertilizer storage and is commonly present in the dry fertilizer storage
building to allow complete enclosure of the dry fertilizer storage area
. Therefore, the Agency finds that
the portion of the building over this operational area containment structure does not meet the definition of
"pollution control facility" in Section 11-10 of the Illinois Property Tax Code
.
The Bureau of Water therefore recommends that the Board deny the requested tax certification for these
facilities.
The portion of the building over the dry fertilizer storage bins (approximately 60 ft . x 160 ft. and
approximately 60 ft
. x 240 ft.).
The portion of the building over the two areas in front of the dry fertilizer storage bins (one
approximately 10 ft . x 160 ft
. and one approximately 10 ft . x 240 ft.).
If you have any questions regarding the above, please contact James Allison at 217/782-3362
.
BJY:JRA:
cc
: Tax Cert File
Attachment
References
Brady, N . C . 1974 . The nature and properties of soils
. New York :The Macmillan Company .
Clayton, W . E . 1984 . Humidity factors affecting storage and handling of fertilizers
. Muscle
Shoals : International Fertilizer Development Center
.
Haicour P. and J . Hoff. 1983
. The prevention of fertilizer caking . Nitrogen . (145) :32-34.
Kammel, D . W., R . T. Noyes, G .L. Riskowski and V . L. Hofman . 1991 . MWPS-37 : Designing facilities
for pesticide and fertilizer containment
. Ames :Midwest Plan Service .
Ohm, A. and W . Miller . 1984
. Aspects of handling materials in bulk . London :Fertiliser Society .
Sjolin, C . 1972 . Mechanism of caking in ammonium nitrate (NH 4NO3)
prills. JAgr Food Chem .
20(4) :895-900 .
Taylor, L . 1987
. Latest technology and methods used for bulk blending and fertiliser storage in the United
States . London
: Greenhill House .
Tisdale, S . L. and W . L. Nelson. 1966
. Soil fertility and fertilizers . New York :The Macmillan Company .
Tucker, G. L. and L . F . Roy
. 1969 . Caking in ammonium phosphate fertilizers . JAgr Food Chem .
17(6)
:1279-1283 .
