BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Ar
ceoeivec,
LE
ws
oFncE
)
PCB 08-
APR
1
4
2008
) (Tax Certification)
Honey Creek Hogs, Inc.
(Property Indentification Number
64-002-01A)
Pollution
_STAE OF
co
Control
ILLINO1
n
Board
NOTICE
Clerk
Brandon M. Gerard
Illinois Pollution Control Board
3 Pheasant Lane
James R. Thompson Center
Pittsfield, Illinois 62363
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Depai
ment 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:
)2,2c-
Vera Herst
Assistant
Counsel
Division of Legal Counsel
DATED: April 10, 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
c
iSee
OFFiCE
ye
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 14 2008
Honey Creek Hogs, Inc.
(Property Indentification Number
64-002-01A)
) PCB 08-
)
(Tax Certification)
_STAE Control
Pp
Control Boat
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:
.1(te„
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED: April 10, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE OF
ILLINOIS
Pollution Control Board
Honey Creek Hogs, Inc.
)
(Property Indentification Number
) PCB 08-
64-002-01A)
) (Tax Certification)
RECEIVED
CLEW'S OFFICE
APR 1 4 2008
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 July 16, 2007, the Illinois EPA received a request from Honey Creek Hogs,
Inc. (log number TC-12-07, Exhibit A) for an Illinois EPA recommendation
regarding the tax certification of water pollution control facilities pursuant to 35
Ill. Adm. Code 125.204.
2.
The applicant's address is:
Honey Creek Hogs, Inc.
County Hwy 7
Pittsfield, Illinois 62363
3.
The proposed water pollution control facilities in this request are located at SE 1/4
of Section 1, T6S, R4W of the 4th PM in Pike County,
at the above street address and
consist of the following:
Livestock
waste management facilities consisting of one concrete pit (100 ft. x
200 ft. x 8 ft. deep) with six concrete pump out pits (each 6 ft. x 6
ft. x 8 ft. deep)
and the portion of the concrete slotted flooring over the manure pit in one swine
building; and PVC foundation drainage tubing (6 in. diameter x 600 ft. long).
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 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, 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:
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated: April 10, 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, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From: Alan Keller, Manager, Permit Section
Date:
MAR 12 2008
Re:
Honey Creek Hogs, Inc.
Recommendation of Tax Certification
Log # TC-12-07
Property Identification # 64-002-01A
The Bureau of Water received a request on July 16, 2007 from Honey Creek Hogs, Inc. 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:
Honey Creek Hogs, Inc.
Co. Hwy 7
Pittsfield, IL 62363
SE 1/4 of Section 1, T6S, R4W of the 4th PM in Pike County
Livestock waste management facilities consisting of one concrete pit (100 ft. x 200 ft. x 8 ft.
deep) with six concrete pump out pits (each 6 ft. x 6 ft. x 8 ft. deep) and the portion of the
concrete slotted flooring over the manure pit in one swine building; and PVC foundation drainage
tubing (6 in. diameter x 600 ft. long). 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 James Allison at 217/782-3362.
SAK:DLH:JRA:
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
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Br on Gerard
President – Honey Creek Hogs, Inc.
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July 10, 2007
Illinois EPA
BOW/ Watershed Management Section/ Facility Evaluation Unit
P.O. Box 19276
Springfield, IL 62794-9276
To Whom It May Concern:
Enclosed is an application for tax certification of the livestock pollution
known as Honey Creek Hogs. Following is discussion pertinent to the application.
Attached is a sketch showing both a top and side view of the manure storage facility.
The underground pit measures 200' by 100' by 8' deep, holding up to one year's storage
of manure from the 2400 head of swine. As indicated by the side view, the animals
directly drop urine and feces into the concrete pit through the slatted floors.
Through the six manure removal
ports
indicated per the top view, the manure is pumped
by a professional applicator through a hose to cropland that is located within a one-half
mile radius of the pollution control facility. Up to 6000 gallons of manure per acre are
injected into the soil following harvest, providing nutrients to crops the following year.
Since the pit is fully enclosed via concrete, instances of leakage is very rare and only
possible should flaws exist in the concrete structure. To monitor potential leakage, a
perimeter tile drain is located around the base of the facility and water samples are taken
each calendar quarter, being analyzed by the IL Department of Agriculture for signs of
contamination.
As noted by the sketch, a major waterway known as Honey Creek passes approximately
200 feet to the North of the facility, and a field ditch that runs water passes
approximately 40 feet to the East of the facility. The concrete manure storage structure
prevents the swine manure from entering these waterways via its full containment.
Approval of this tax certification will be appreciated, and I will be happy to provide further
information or clarification of any item. I may be reached at (217) 473-5232.
JUL 1 6
2007
Watershed Management
BURSiLi Op-WATER
S
ection
control facility
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILIT
Y
AIR
■?
WATER
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 ofthis
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
1-
i
(..)
a
D.
.
,
<
Company Name
Honey Creek Hogs, Inc.
Person Authorized to Receive Certification?
Person to Contact for Additional Details
Brandon M Gerard, President
?
Brandon Gerard
Street Address
?
Street Address
3 Pheasant Lane?
3 Pheasant Lane
Municipality, State & Zip Code?
Municipality, State & Zip Code
Pittsfield, IL 62363?
Pittsfield, IL 62363
Telephone Number?
Telephone Number
(217) 473-5232
?
(217) 473-5232
Location of Facility
?
Municipality
?
Township
Quarter Section?
Township
?
Range
SE 1?
T6S?
R4W?
Pittsfield? T6S
Street Address?
County
?
Book Number
Co Hwy 7?
Pike
Property Identification Number?
Parcel Number
64-002-01A?
64-
002
-
01A
Sec. B
0
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W Z
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Nature of Operations Conducted at the Above Location
Swine finishing facility with underground concrete pit manure storage under slatted floors
Water Pollution Control Construction Permit No.
Date Issued
NPDES PERMIT No.
Date Issued
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
Sec. D
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Describe Pollution Abatement Control Facility
The facility includes approximately 160,000 cubic feet of underground manure storage, contained by
concrete. The primary purpose of this facility is to store the manure, eliminating pollution potential, until
which time the manure can be applied to cropland in an environmentally friendly manner. Approximaely
$150K in concrete materials were used in constructing the pit facility. Manure contained within the facility
consists of approximately 59 lbs. of Nitrogen, 26 lbs. of Phosphorus and 31 lbs. of Potassium, all measured
per 1000 gallons of material.
IL 532-0222
APC 151 (Rev. 8/00)
Tax Certification for Pollution Control Facilities
Page I of 2
8/00
Sec. E
lb
'2
F
a
-
(1) Nature of Contaminants or Pollutants
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
Nitrogen, Phosphorus, Potassium and other
Swine manure
Inject into cropland post-harvest
pollutants from swine manure
Z
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=,
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(2) Point(s) of Waste Water Discharge
No points of discharge; Material is directly dropped from animals to storage facility
F-
Z
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Plans and Specifications Attached
Yes ■
No
DI
(3)
Are contaminants (or residues) collected by the control facility?
Yes IMI
No ■
0
(4)
Date installation completed 10/03/05
?
status of installation on date of application 10/03/05
R.
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(5)
a.?
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:?
$ 150,000.00
0
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b.
?
NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:
?
$ 75,000.00
D
c.
?
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:?
$ 96,000.00
a
00
e.d.
?
?
PERCENTAGE
PRODUCTIVE NET
CONTROL
ANNUAL
FACILITY
INCOME
BEARS
OF CONTROL
TO WHOLE
FACILITY:FACILITY ?
VALUE:
?
$
%
''
10,000.00
33
Sec. F
The following information is submitted in accordance with the Illinois Property Tax Code, as amended, and to the best of my
til
ce
know edge, is true and correct. The facilities claimed herein are "pollution control facilities" as defined in Section 11-10 of the
Illinois Property Tax Code.
D
a
di I'l"...?
President
(7)
Signature
?
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.
o
u)
z
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.
P
.
Item (1) – Refers to pollutants and contaminants removed from the process by the pollution control facility.
D
Item (2) – Refers to water pollution but can apply to water-carried wastes from air pollution control facilities. Submit drawings,
F-
u)
z
–
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?
—?
Permit Section
—
Permit Sicta
Springfield, IL 62794-9276?
Division of Water Pollution Control?
Division of Air Pollution Control
Tax Certification for Pollution Control Facilities
Page 2 oft
8/00
.0?_1 s-19(r7
clajA
STATE OF ILLINOIS
COUNTY OF SANGAMON
RepeiveD
CLEHR'S OFFICE
APR I 4 2008
STATE OF ILLINOIS
Pollution Control Board
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?
Brandon M. Gerard
Illinois Pollution Control Board ?
3 Pheasant Lane
James R. Thompson Center?
Pittsfield, Illinois 62363
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 10, 2008, with sufficient postage
affixed for first class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
This 10th day of April, 2008
:?
NOTARY
C
YNTHIA
O
PUBLIC,
FFICIAL
STATE
L.
SEAL
WOLFE
OF ILLINOIS
*
3+44.444.+4.3.*************0
MY COMMISSION EXPIRES
10.2.2011
THIS FILING IS SUBMITTED ON RECYCLED PAPER