RECEIVED
CLERK'S
OFFICE
Pollution
STATE OF
ControlILLINOIS
Board
GROWMARK, INC.
(Property Identification Number
38-11-400-001 and 38-11-400-005)
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 35 111 . Adm . Code 125 .204.
1)
On December 27, 2005, the Illinois EPA received a request from Growmark, Inc . for
an Illinois EPA recommendation regarding the tax certification of water pollution control
facilities at its plant in Weedman, Illinois pursuant to 35 Ill . Adm . Code 125 .204, and
noted the request as log number TC-14-05 . (Exhibit A)
.
2)
The applicant's mailing address is : Growmark, Inc
.
Attn : Greg Lawler
1701 Towanda Avenue
Bloomington, IL 61701
3)
The water pollution control facilities in this request are physically located at State Route
54 in Weedman, Illinois in Mclean County .
4)
The Water Pollution Control facilities in this request are located in Section 11, Township
21 North, Range 5 East of the 3`" Principal Meridian in McLean County, Illinois and
consist of the following :
Agrichemical containment structures consisting of two liquid agrichemical
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD DEC 2 2 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
operational area containment structures ; one bulk liquid agnichemical secondary
containment structure ; the portion of the building over two liquid agrichemical
operational area containment structures ; and associated collection and recovery
systems as approved under the Agency endorsed Agrichemical Facility Permit No
.
9710510 (Log No . 01106803) and Permit No . 971 15039 (Log No . 02107274) .
5)
These facilities collect, transport, and store agrichemical rinsates, residues, or washwaters
prior to reuse or disposal .
6)
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 ."
7)
Pollution control facilities are entitled to preferential tax treatment, 35 ILCS 200/11-5
(2000) .
8)
Based on the information included in this submittal, it is our engineering judgment that
the above proposed facilities may be considered "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, and therefore eligible for tax
certification from the Illinois Pollution Control Board . Therefore, the facilities are
eligible for tax certification from the Board .
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Therefore, the Illinois EPA recommends that the Board issue the requested tax
certification .
December 20, 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,
sistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
q`
s Allen
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED
CLERK'S OFFICE
GROWMARK, INC .
(Property Identification Number
38-11-400-001 and 38-11-400-005)
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
B
THIS FILING IS SUBMITTED ON RECYCLED PAPER
DEC 2 2 2006
07 '
STATE OF ILLINOIS
Pollution Control Board
PCB UW'
(Tax Certification)
NOTICE
Growmark, Inc .
Attn : Greg Lawler
1701 Towanda Avenue
Bloomington, IL 61701
lien Day
tant Counsel
Division of Legal Counsel
DATED
: December 20, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
GROWMARK, INC.
(Property Identification Number
38-11-400-001 and 38-11-400-005)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
DATED
: December 20, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of the
Respondent, Illinois Environmental Protection Agency .
DEC 2 2 2006
STATE OF ILLINOIS
~~
Pollution Control Board
)PCB WE
(Tax Certification)
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLINOIS
By.
J
Allen Day
A stant 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 12/20/2006 with sufficient postage affixed for first
class mail .
SUBSCRIBED AND SWORN TO BEFORE ME
this twentieth day of December 2006
Notary Public
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
Growmark, Inc
Attn : Greg Lawler
1701 Towanda Avenue
Bloomington, fl- 61701
NOTARY
BRENDA
OFFICIAL
PUBLIC, STATE
BOEHNEF
SEALOF
ILLINOK
:' MY COMMISSION EXPIRES
11 33 .200'
THIS FILING IS SUBMITTED ON RECYCLED PAPER