BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
MAY 0 2 2008
P
STATE
ollution
OF
Control
ILLINOIS
Board
NOTICE
Clerk
Mr. 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:
Vera Herst
Assistant
Counsel
Division of Legal Counsel
DATED: April 25, 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
Prime Pork
Holdings, LLC-Kingston
(Property Indentification Number
02-32-400-006 )
PCB 08- sti
(Tax Certification)
AlitE
LE'S O
IV
FFIS
CED
BEFORE THE ILLINOIS POLLUTION CONTROL
BO
C
RK
E
Prime Pork Holdings, LLC-Kingston
?
MAY 0 2
2008
(Property
02-32-400-006
Indentification
)
?
Number
?
)
)
(Tax
PCB
Certification)
08- co
?
Control
ILLINOIS
Pollution
Board
STATE OF
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
f
Vera Herst
Assistant Counsel
Division of Legal Counsel
DATED: April 25, 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
RECEIVED
C
LERK'S
OFFICE
Prime Pork Holdings, LLC-Kingston
MAY
0 2 2008
(Property Indentification
Number
) PCB 08-d..
02-32-400-006 )
) (Tax Certification)
ST
ATE
C10
?
Board
d
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.
1.
On April 25, 2007, the Illinois EPA received a request from Charles Schelkopf
(log number TC-26-07, 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:
Prime Pork Holdings, LLC
30427 Glidden Road
Kingston, Illinois 60145
3.
The proposed water pollution control facilities in this request are located at SE'/,
of Section 32, T42N, R4E 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
(192 ft. x 100 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, 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 1LCS
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 FILING SUBMITTED ON RECYCLED PAPER
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated: April 25, 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
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: Al Keller, Manager, Permit Section
Date:
Re: Prime Pork Holdings, LLC – Kingston
Recommendation of Tax Certification
Log # TC-36-07
Property Identification # 02-32-400-006
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:
Prime Pork Holdings, LLC
30427 Glidden Road
Kingston, IL 60145
SE 1/4 of Section 32, T42N, R4E of the 3`
d
P.M. in DeKalb County
Livestock waste management facilities consisting of one concrete manure pit (192 ft. x 100 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:TH:TC-36-07.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 –
5475 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 RECYC
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APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIR ■
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WATER
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. 0. Box 19276, Springfield, IL 62794-9276
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Agency?
is?
authonzed?
to?
request
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this
information under Illinois Revised Statues, 1979,
Chapter 120, Section 502a-5
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Disclosure of this
infonnation is voluntary.
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However, failure to
comply could prevent your application
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Sons
being processed or mold result in denial of your
application for certification
FOR AGENCY USE
File No.
?
Date Received
?
Certification No.?
Date
Sec. A
Company Name
Prime Pork Holdings, LLC
Person Authorized to Receive Certification
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Person to Contact for Additional Details
Dr. Charles Schelkopf
?
Dr. Charles Schelkopf
Street Address?
Street Address
2435
Bethany Road?
2435 Bethany Road
5
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Municipality, State &
Zip Code?
Municipality, State & Zip Code
Sycamore, IL 60178?
Sycamore, IL 60178
7
Telephone Number
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Telephone Number
2(
(815) 756 -
3279?
(815) 756 -
3279
Location of Facility?
Municipality
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Township
Quarter Section
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Township
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Range?
2.
SE-32
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Kingston?
Street Address?
County
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30427 Glidden Rd. - Kingston, IL
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DeKalb
Property Identification Number?
Parcel Number
02
-
32
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400
-
006?
02 - 32 -400
-
006
Sec. B
Nature of Operations Conducted at the Above Location
2400
hd swine finishing facility
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Water Pollution Control Construction Permit No.
Date
Issued
NPDES PERMIT No.
Date Issued
Expiration Date
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Air Pollution Control Construction Permit No.
Date Issued
Air Pollution Control Operating Permit No.
Date Issued
Sec. C
Describe Unit Process
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Sec. D
Describe Pollution Abatement Control Facility
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Manure structures that include the concrete slats & 100' x 192', 8' deep pit manure storage & handling
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facility, along with 6' x 6', 8' deep concrete pumpouts.
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IL 532-0222
APE' 151 (Rev 8/00)
Tax Certification for Pollution Control Facilities
Pagel of 2
8/00
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 I©I
No ■
(3)
Are contaminants (or residues) collected by the control facility?
Yes Ell
No ■
(4)
Date installation completed
?
11/01/06
?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:
?
% 40
Sec. F
re
7
The following
know edge,
Illinois Propert
information is submitted in accordance with
is true and correct. The facilities claimed
ax Coif-
ea-/Lar
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-aggi
ik
the Illinois Property Tax Code, as amended,
herein are "pollution control facilities" as
A4-r-IICK
and to the best of my
defined in Section 11-10 of the
Signature
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Title
Sec G
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INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
General: Separate applications must be completed for each control facility claimed.
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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?
Donald E. Sutton
P.O. Box 19276?
Permit Section?
Permit Section
sFrinafipirs
II?
82704-9776?Division of Water Pollution Control?
Division of Air Pollution Control
Tax Cert
t
ficationfrr Pollution
?
of Facilities
Page 2 of 2
8/00
CHARLES SCHELKOPF FINISHING SITE - 100' x 192' barn, with 8' deep pit
Cross sectional vies of bldg
zsE
concrete pumpouts
living environment
6' x 6'
8 foot pit
100 ft
1__1?
1__1?
u?
1_1?
192 ft
This swine facility utilizes concrete slats in the building, with all
waste contained & stored in the 8' deep pit under the building. The
waste is then land applied using a flexible drag hose reel to
adjoining fields. The concrete pumpouts, 6' x 6', allow for waste
agitation & removal from the pit. An operator is at all times in view
of the land application equipment in case of equipment failure.
waste applicator with
cultivator shovels for
soil injection
flexible hose for land application
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
Mr. 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
and mailing it from Springfield, Illinois, on April 25, 2008. with sufficient postage
affixed for first class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
This 25th day of April, 2008
• /// /27e
Notary Public
I
Weeeeeet
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veeeeJee0ee<••
>e0<•
,}
OFFICIAL SEAL
CYNTHIA L. WOLFE
o
NOTARY PUBLIC, STATE OF IWNOIS ;
MY COMMISSION EXPIRES 10-2.2911?
THIS FILING IS SUBMITTED ON RECYCLED PAPER