BEFORE THE ILLINOIS POLLUTION CONTROL
Winters Creek,
Inc.
(Property Indentitication Number
03-03-29-100-001)
)
PCB
08-
COD
)
(Tax Certification)
BOARD
RECEIVED
CLERK'S OFFICE
APR 2 5 2008
STATE OF ILLINOIS
Pollution Control Board
NOTICE
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
Marsha Biddle
1216 Hwy 17
Joy, Illinois 61260
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 Ole Illinois
Environmental Protection Agency, a copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
Vera Herst
Assistant
Counsel
Division of Legal Counsel
DATED: Apr 122, 2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(21 7) 782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
RE
CEIVED
Winters Creek, Inc.
(Property lndentification Number
03-03-29-100-001)
CLERK'S OFFICE
STAATPEROF ILLINOIS
2
5 2008
)
PCB
08-
436
0
Pollution Control Board
(Tax Certification)
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
e
DATED: April 22, 2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
Vera Herst
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERKS OFFICE
APR 2 5 2008
STATE OF ILLINOIS
Pollution Control Board
Winters Creek, Inc.
(Property Indentification Number
03-03-29-100-001)
PCB 08-7)
(Tax Certification)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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 III. Adm. Code 125.204.
On December 4, 2007, the Illinois EPA received a request from Marsha Biddle
(log number TC-26-07, Exhibit A) for an Illinois EPA recommendation regarding
the tax certification of water pollution control facilities pursuant to 35 111. Adm.
Code 125.204.
2.
The applicant's address is:
Winters Creek, Inc.
1126 135 th Avenue
Joy, Illinois 61260
3.
The
proposed water pollution control facilities in this request are located at
Section 29, T15N,
R4W of the 4th P.M.
in
Mercer County,
at the above street address
and consist of the following:
Livestock waste management facilities consisting of one concrete manure pit
(196 ft. x 86 ft. x 8 ft. deep) with twelve concrete pump out pits (each 4 ft. x 4 ft.
x 8 ft. deep) and the wire portion of the floor over the manure pit; one concrete
manure pit (325 ft. x 80 ft. x 10 ft. deep) with eight concrete pump out pits (each
4 ft. x 4 ft. x 10 ft. deep) and the slotted concrete portion of the floor over the
manure pit.
THIS FILING SUBMITTED ON RECYCLED PAPER
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.
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."
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 III. Adm. Code 125.200, and are
eligible for tax certification from the Board.
WHEREFORE, the Illinois EPA recommends that the Board issue the
THIS HUNG SUBMITTED ON RECYCLED PAPER
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated: April 22, 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,
SPRINGFIttO,
ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R.
THOmPSON CENTER, 100
WEST RANDOLPH, SUITE
1 1 -3 00,
CHICAGO,
IL 60601 - (312) 814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From: Al Keller, Manager, Permit Section
Date:
r
:MB
Re:
Winters Creek, Inc. – Joy
Recommendation of Tax Certification
Log # TC-26-07
Property Identification # 03-03-29-100-001
The Bureau of Water received a request on December 4, 2007 from Marsha Biddle 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:
Winters Creek
1126 135
th
Ave.
Joy, IL 61260
Section 29, T15N, R4W of the
4th
P.M. in Mercer County
Livestock waste management facilities consisting of one concrete manure pit (196 ft. x 86 ft. x 8
ft. deep) with twelve concrete pump out pits (each 4 x 4 ft. x 8 ft. deep) and the wire portion of
the floor over the manure pit; one concrete manure pit (325 ft. x 80 ft. x 10 ft. deep) with eight
concrete pump out pits (each 4 ft. x 4 ft. x 10 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-26-07.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 Or 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
--re,--2-Le -01
File No.
APPLICATION
FOR CERTIFICATION
(PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
This?
Agency
?
is
?
authorized
?
to?
request?
guy
information under
Illinois Revised Statues, 1979
Chapter, 120, Section 502a 5
?
Disclosure of this
information is voluntary
?
However, fa
i lure to
comply
?
could
?
prevent?
your
?
application?
front
being processed or
amid result in denial
of your
application for certification
AIR ■
?
WATER 074
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. O. Box 19276, Springfield, IL 62794-9276
FOR AGENCY USE
Date Received?
Certification No.
Date
Sec. A
Company Name
Pekson
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Authorized toReceive
CrcerC
Certification
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IL 532-0222
APC 151 (Rev. 8/00)
Tax
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Page of 2
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The following information is submitted in accordance with the Illinois Property Tax Code, as amended,
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Illinois Property Tax Code.
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defined in Section 11-10 of the
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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
S
elf-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 average 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 colleced 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 Section
Springfield, IL 62794-9276?
Division of Water PöllUtioh Control
?
Division of Air Pollution Control
Tax Certification Jhr Pollut
i on Control Facilines
Page 2 of 2
8/00
Description of pollution control components of Winters Creek Inc. Sow Farm
4 sheds:
Farrowing Shed —
Originally 55'x270'x2' pit with plastic flooring over pit. Has 7
rooms with pull plug gravity flush through 280' of 8" PVC pipe to Gestation Shed.
Addition is 86'x196'x8' deep concrete pit with wire floor with 6 rooms, with 12 4'x4'
load out accesses for manure pump out.
Gestation Shed —
78'x328'x 10' deep concrete pit with concrete slatted floor with 8
4'x4' load out accesses for manure pump out.
Shed
3,
Finishing —
40'x60'x8'deep concrete pit under concrete slats used for gilt
finishing.
Shed 4, gestation
Shed — 80'325'x10' deep concrete pit with concrete slatted floor with
8 4'x4' load out accesses for manure pump out.
The concrete pits and PVC pipe protect possible liquid manure contamination of the
nearby Winters Creek and 2 onsite deep wells as well as ground water. Pits are accessed
at any one of 30 4'x4' pump out areas around the gestation and finishing sheds. Manure
is loaded by a 10' Houle manure pump, powered by a 140HP tractor loaded onto a 4800
gallon portable Houle tank with subsurface application units. Powered by 200HP tractor
and is then applied at an agronomic rate on area cropland.
File No.
APPLICATION
FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
This?
Agency?
is?
authorized?
to?
request?
this
information under Illino
is Revised Statues, 1979.
Chapter, 120, Section 502+5?
Disclosure
of this
information is voluntary
?
however, failure to
comply could?
prevent your application?
from
being processed or amid result ut denial of your
application for certification
AIR •
?
WATER
Dil
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P.
0. Box 19276, Springfield, IL 62794-9276
FOR AGENCY USE
Date Received
?
Certification No.
Date
Sec A
Company Name
Street
Pson
IN
Authorized
Addreip
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P
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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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ILLINOIS ENVIRONMENTAL
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Tax Cernficanon Jar Pollut
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Page 1 of 2
8/00
wolorMed Management Section
BUREAU OF WATER
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Yes El
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(3)
Are contaminants (or residues) collected by the control facility?
Yes
1)2r
No
q
(4)
Date installation completed
?
L
i - 01
7
?
status of installation on date of application
(5)
a.?
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
?
$?
735 011
b.
?
NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY:?
$?
_6-
c.
?
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY.
?
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?
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PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:
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Sec F
CC
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0
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The following information is submitted in accordance with the Illinois
Property Tax Code, as amended,
know edge, is true and correct. The facilities claimed herein are "pollution control facilities" as
Illinois Property Tax Code.
'
CO.,‘L
64.6111-
A?
,
?
Precolaf ?
NC
-
and to the best of my
defined in Section 11-10 of the
Signature
?
Title
Sec. G
=
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0
==
re
1–
7
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 average 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_
?
E. Sutton
P.O. Box 19276?
Permit Section?
Permit Section
Springfield,
IL 62794-9276?
Division of Water Pollution Control
?
Division of Air Pollution Control
Tax Cernficatmn for Pollution Control Facilities
Page 1
of
2
8/00
Description of pollution control components of Winters Creek Inc. Sow Farm
4 sheds:
Farrowing Shed —
Originally 55'x270'x2' pit with plastic flooring over pit. Has 7
rooms with pull plug gravity flush through 280' of 8" PVC pipe to Gestation Shed.
Addition is 86'x196'x8' deep concrete pit with wire floor with 6 rooms, with 12 4'x4'
load out accesses for manure pump out.
Gestation Shed —
78'x328'x 10' deep concrete pit with concrete slatted floor with 8
4'x4' load out accesses for manure pump out.
Shed
3,
Finishing —
40'x60'x8'deep concrete pit under concrete slats used for gilt
finishing.
Shed 4, gestation
Shed —
80'325'x10' deep concrete pit with concrete slatted floor with
8 4'x4' load out accesses for manure pump out.
The concrete pits and PVC pipe protect possible liquid manure contamination of the
nearby Winters Creek and 2 onsite deep wells as well as ground water. Pits are accessed
at any one of 30 4'x4' pump out areas around the gestation and finishing sheds. Manure
is loaded by a 10' Houle manure pump, powered by a 140HP tractor loaded onto a 4800
gallon portable Houle tank with subsurface application units. Powered by 200HP tractor
and is then applied at an agronomic rate on area cropland.
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
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
Marsha Biddle
1216 Hwy 17
Joy, Illinois 61260
Steve Santarelli
Illinois
Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
and mailing it
from Springfield, Illinois, on April 22, 2008, with sufficient postage
affixed for first class mail.
JaRa •arno0
SUBSCRIBED AND SWORN TO BEFORE ME
This 22nd day of April , 2008
6• o++4x-H4+4-4/0464444:049t
OFFICIAL SEAL
CYNTHIA L. WOLFE
Z NOTARY PUBLIC, STATE Of ILLINOIS
Notary Public
<4
S MY
0n
ap
COMMISSION
44111414 ******
EXPIRES
44+444,44
10.2.2011
THIS FILING IS SUBMITTED ON RECYCLED PAPER
