BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
CNS Farms, Inc.-Malta
APR 1 0 2008
(Property Indentification Number
) PCB
08- (11
STATE OF ILLINOIS
04-21-300-009)
) (Tax Certification)
Pollution Control
Board
NOTICE
Clerk?
Dr. Charles Schelkopf
Illinois Pollution Control Board
?
2435 Bethany Road
James R. Thompson Center
?
Sycamore, Illinois 60178
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
By: ?
t*A-.L.._
Vera Herst
Assistant
Counsel
Division of Legal Counsel
DATED: April 3, 2008
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
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
APR 1 0 2008
CNS Farms, Inc.-Malta
)
(Property Indentification Number
) PCB 08- 1/1
STATE OF ILLINOIS
04-21-300-009)
) (Tax Certification)
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
By:
era
Herst
Assistant Counsel
Division of Legal Counsel
DATED: April 3, 2008
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
RECEIVED
CLERKS
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 1 0 2008
STATE OF ILLINOIS
Pollution Control Board
CNS Farms, Inc.-Malta
)
(Property Indentification Number
) PCB
08-1
04-21-300-009)
) (Tax Certiation)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section 125.204 of the regulations of the Illinois Pollution
Control Board, 35 Ill. Adm. Code 125.204.
1.
On April 25, 2007 the Illinois EPA received a request from Charles Schelkopf
(log number TC-10-07, Exhibit A) for an Illinois EPA recommendation regarding
the tax certification of water pollution control facilities pursuant to 35 III. Adm.
Code 125.204.
2.
The applicant's address is:
CNS Farms, Inc
26065 McQueen Road
Malta, IL 60150
3.
The proposed water pollution control facilities in this request are located at SW 1/4
of Section 21, T41N, R3E of the 3`d
P.M. in DeKalb County, at the above street
address and consist of the following:
Livestock waste management facilities consisting of one concrete manure pit
(225 ft. x 77 ft. x 8 ft. deep) with eight concrete pump out pits (each 6 ft. x 6 ft. x
8 deep) and the slotted concrete portion of the floor over the manure pit.
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.
THIS FILING SUBMITTED ON RECYCLED PAPER
4.
Section 11-10 of the Property Tax Code, 35 ILCS 200/11-10 (2006), 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."
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 III. 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: ?
F I
?
Ayt --
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated: April 3, 2008
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
Exhibit A
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE
EAST,
P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 10 0
WEST RANDOLPH, SUITE
1
1-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
?DOUGLAS P.
SCOTT, DIRECTOR
Memorandum
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To:
Connie Tonsor, Division of Legal Counsel
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From:
Al Keller, Manager, Permit Section
Date:
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Re:
CNS Farms, Inc. — Malta
Recommendation of Tax Certification
Log
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TC-10-07
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Property Identification
#
04-21-300-009
The Bureau of Water received a request on April 25, 2007 from Charles Schelkopf 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 following recommendation.
The water pollution control facilities in this request include the following:
CNS Farms, Inc.
26065 McQueen Road
Malta, IL 60150
SW 'A of Section 21, T41N, R3E of the 3' P.M. in DeKalb County
Livestock waste management facilities consisting of one concrete manure pit (225 ft. x 77 ft. x 8
ft. deep) with eight concrete pump out pits (each 6 ft. x 6 ft. x 8 ft. deep) and the slotted concrete
portion of the floor over the manure pit.
These livestock waste management facilities are used to collect, transport and/or store livestock
wastes prior to cropland application.
These facilities are further described in the enclosed applications and supporting documents.
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. The Bureau
of Water therefore recommends that the Board issue the requested tax certification for these facilities.
If you have any questions regarding the above, please contact Thaddeus Faught at 217/782-3362.
SAK:TJF:TC-10-07.doc
cc: Tax Cert File
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 ?•
COLLINSVILLE -
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
Watershed Unit Tax Certification Review Sheet
Project Name:
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Reviewer:
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Wastes:
]Livestock waste is applied to cropland.
c:1 Agrichemical rinsate and spillage is recycled through the facility and/or land applied.
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Physical Description of Pollution Control Devices:
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APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIR
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?
WATER III
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 or muld result in denial of your
application for certification.
FOR AGENCY USE
File No.?
Date Received?
Certification No.?
Date
Sec. A
1-
z
a
a
Company Name
CNS Farms, Inc.
Person Authorized to Receive Certification
?
Person to Contact for Additional Details
Dr. Charles Schelkopf
?
Dr. Charles Schelkopf
Street Address
?
Street Address
2435 Bethany Road
?
2435 Bethany Road
Municipality, State & Zip Code?
Municipality, State & Zip Code
Sycamore, IL 60178
?
Sycamore, IL 60178
Telephone Number?
Telephone Number
(815) 756
-
3279
?
(815) 756-
3279
Location of Facility
?
Municipality?
Township
Quarter Section
?
Township
?
Range
21-SW?
'7 '1 I N?
R3E
?
Malta?
SCL-CHA Grülte-
Street Address?
County
?
Book Number
26065 McQueen Rd., Malta, IL?
DeKalb?
2004-002529 &
Property Identification
Number?
Parcel Number
?
zLrLI -00253G
04-21-300-009?
04-21-300-009
Sec. B
0
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66
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51
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Nati.72Werations Conducted at the Above Location
900
hd swine finishing/gestation facility
Water Pollution Control Construction Permit No.
Date Issued
NPDES PERMIT No.
Date Issued
I
Expiration Date
Air Pollution Control Construction Permit No.
Date Issued
Air
Pollution Control Operating Permit No.
Date Issued
Sec. C
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Describe Unit Process
Materials Used in Process
t
APR 25 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
-
Q.WMIPO/PFRMIT
SECTION
Sec.
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Describe Pollution Abatement Control Facility
Manure structures that include a new 900 hd gestation/finishing facility, including the concrete slatted
floors, the 8' deep manure pit (77' x 225'), including 6' x 6', 8' deep concrete pumpouts.
IL 532-0222
APC 151 (Rev. 8/00)
Tax Certification for Pollution Control Facilities
Page I of 2
8/00
0 1
Sec.
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(1) Nature of Contaminants or Pollutants
Liquid swine waste
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
Liquid swine waste
From finishing pigs
Land applied to adjacent fields
(2) Point(s) of Waste Water Discharge
Waste is pumped from the lagoon for land application
Plans and Specifications Attached
Yes DI
I
No ■
(3)
Are contaminants (or residues) collected by the control facility?
Yes KI
No ■
(4)
Date installation completed 10/01/06
?
status of installation on date of application
?
(5) a.?
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
?
$ 240,000.00
b.?
NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:
?
$
c.
?
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:
?$
d.?
PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:
?$
e.
?
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:
?
ex
'" 35
Sec. F
Lu
iz
0
1-
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0
The following information is
submitted in accordance with
know edge, is true and
?
orrect. The facilities claimed
Illinois Pro?e.
the Illinois
Property Tax Code, as amended, and to the best of my
herein are "pollution control facilities" as defined in Section 11-10 of the
______/7/02aL-
S?
nature?
Title
Sec. G
a
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P
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-
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
State the type of control facility. State permit number, date, and agency issuing
flow diagram describing the pollution control facility. Include a listing of each major
is to eliminate, prevent or reduce pollution.
permit. A narrative description and a process
piece of equipment included in the claimed
fair cash value for real property. Include an avera g
e 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-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
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?
Al Keller
?
•?
Donald E. Sutton
P.O. Box 19276
?
Pernik Section
?
Permit Section
Springfield, IL 62794-9276
?
Division of Water Pollution Control
?
Division of Air Pollution Control
Tax Certification for Pollution Control Facilities
Page 2
of
2
8/00
COMP
Charles Schelkopf Finishing Operation
new swine finishing facility, measunng
77' x 225'
concrete pumpouts
living environment
8 foot pit
Cross sectional vies of each building
(all buildings identical)
77
waste applicator with cultivator shovels for soil injection
C
C
C
The older facilities have already been certified by the Pollution Control Board. The
newer facility was just put into operation during the last assessment year, and, thus,
needs a separate certification.
The new
facility will utilize the same type of manure handling & application
as the older facilities.
42
flexible rubber drag tine--■
fl vv-11
211.1,13
m
Agri rune
2 swine
finishing facilities, each measuring 47 x 205'
The swine waste in contained in 2 concrete pits contained under the buildings.
Swine waste falls through concrete slats into the 5 inch thick concrete pits.
The waste is pumped from the pits by placing a flexible hose into concrete pump outs
attatched to the concrete pits.. The waste is pumped through a series of joined 6 inch
rigid aluminum pipes that are attatched to a flexible rubber drag line.
The series of aluminum pipes can be extended to
whatever
length is necessary
to reach the application area The drag line
is
attatched to a drawbar
that flows the waste into channels created by field cultivator shovels.
This process injects the waste directly into the soil, leaving no opportunity
for run-off and maximizes the fertilizer value of the waste. All waste is injected
to further reduce odor & potential runoff. The tractor operator is always
in full view of the piping in the event that a breach would occur in the piping system.
4/1212007
STATE OF ILLINOIS
COUNTY OF SANGAMON
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:
Clerk
C. Alan Kellmann
Illinois Pollution Control Board
1312 E. 1000'h Avenue
James R. Thompson Center
Altamont, Illinois 62411
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
and mailing it from Springfield, Illinois, on April 3, 2008, with sufficient postage
affixed for first class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
This 3rd day of April, 2008
re...4.4.4.4444.+4.44+44or
OFFICIAL SEAL
CYNTHIA L. WOLFE
MY
t00414•44441.44.44+2.0.
COMMISSION EXPIRES 10.2.2011
NOTARY PUBLIC, STATE OF
ILLINOIS
THIS FILING IS SUBMITTED ON RECYCLED PAPER
