BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mach
III
Farms - Beardstown
(Property Indentification Number
06-003-0 I 4-00)
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department ofRevenue
10I West Jefferson
Post Office Box
19033
Springfield, l1linois 62794
)
) PCB 09-
)
(Tax Certification)
)
)
NOTICE
Mach 111 Farms
5917 US Highway 67
Beardstown, IL 62618
PLEASE TAKE NOTICE that
I
have today filed with the Office ofthe Clerk of the
Pollution Control Board an APPEARANCE AND THE RECOMMENDATION of the TIlinois
Environmental Protection Agency, a copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION
AGENCY
OF THE STATE OF ILLINOIS
By:
('~J"
'L
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
DATED: December 17, 2008
l1linois 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
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mach III Farms - Beardstown
(property Indentification Number
06-003-014-00)
)
) PCB 09-
) (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:,_----'-C_---'~'--"-'A"'""".""""""'O"---------
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
DATED: December 17, 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
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
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:
Steve Santarelli
Illinois Department
of Revenue
101 WestJefferson
Post Office Box
19033
Springfield, Illinois 62794
Mach III Farms
5917 US Highway
67
Beardstown, lL 62618
and mailing it from Springfield, lllinois, on December 17, 2008, with sufficient postage
affixed for first class mail.
And electronically, on December 17, 2008 to:
Clerk
11Iinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
SUBSCRIBED AND SWORN TO BEFORE ME
This 17th day
of December, 2008
t
'OO"""
OFFICIAL
....
SEAL
~O*+O~
DAWN A. HOLLIS
NOTARY PU8UC, STATE OF ILLINOl8
1I'(~~~~<~:012
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mach
ill
Farms - Beardstown
(Property Indentification Number
06-003-014-00)
)
) PCB 09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section 125.204
of the regulations of the lllinois Pollution
Control Board, 35
Ill. Adm. Code 125.204.
I.
On November 29, 2007, the Illinois EPA received a request from Ken Maschhoff,
Mach
III
Fanns (log number TC-21-07, 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:
Mach III Farms
5917 US Highway 67
Beardstown, IL 62618
3.
The proposed water pollution control facilities
in
this request are located at
Section
5, TI7N, RI2W of the 3'"P.M. in Cass County, at the above street address and
consist of the following:
Livestock waste management facilities consisting
of two concrete
manure pits (each 304
ft.
x 101
ft.
x 8 ft. deep) each with twelve concrete
pump outs (each 6
ft.
x 5
ft.
x 8
ft.
deep) and the slotted concrete portion
of the floor over the manure pits.
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
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
4.
Section 11-10 ofthe 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 ofthe 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
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
(2~
Chad M.
iTIlSe'-
Assistant Counsel
Division
of Legal Counsel
Dated: December 17, 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
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From: Al Keller, Manager, Permit Section
Date:
Re:
Mach
ill
Farms - Beardstown
Recommendation
of Tax Certification
Log # TC-21-07
Property Identification # 06-003-014-00
The Bureau
of Water received a request on November 29, 2007 from Ken Maschhofffor an illinois EPA
recommendation regarding the tax certification
of water pollution control facilities pursuant to 35 ll.
Adm. Code 125.204.
We offer the following recommendation:
The water pollution control facilities in this request include the following:
Mach
ill
Farms
5917 US Highway 67
Beardstown,
IL
62618
Section 5, T17N,
Rl2W of the 3
n1
P.M. in Cass County
Livestock waste management facilities consisting
of two concrete manure pits (each 304 ft. x 101
ft. x 8 ft. deep) each with twelve concrete pump outs (each 6 ft. x 5 ft. x 8 ft. deep) and the slotted
concrete portion
of the floor over the manure pits.
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
lAC 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-21-07.doc
cc: Tax Cert File
Electronic Filing - Received, Clerk's Office, December 17, 2008
* * * * * PCB 2009-042 * * * * *
