BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
Mussmans
Back
Acres,
Inc.
— Grant
Park
)
q .
(Property
Indentification
Number
)
PCB
09-
01-04-14-200-008)
)
(Tax Certification)
NOTICE
JAN
302009
STATEO
Steve
Santarelli
pollution
Illinois
Department
of
Revenue
olBoard
101
West Jefferson
Post
Office
Box
19033
Springfield,
illinois
62794
John
Theirrault,
Clerk
Illinois Pollution
Control
Board
James
R. Thompson
Center
100
West
Randolph
Street,
Stuite 11-500
Chicago,
illinois 60601
Mussmans
Back
Acres,
Inc.
9998 N.
16000
E.
Road
Grant
Park,
Illinois
60940
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.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Joey
ogan
ilkey
0
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
January
28,
2009
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
TIlE
ILLINOIS
POLLUTION
CONTROL
BOARD
Mussmans
Back
Acres
Inc.
— Grant
Park
)
I
(Prop
erty
Indentification
Number
)
PCB
09-
01-04-14-200-008)
)
(Tax
CertiffcatiGn)
)
APPEARANCE
The undersigned,
as one
of its
attorneys,
hereby
enters
an APPEARANCE
on
behalf
of Respondent,
Illinois
Environmental
Protection
Agency.
ILLINOIS
ENVWONMENTAL
PROTECTION
AGENCY
3H
30
2009
By:_______________________
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
January
28, 2009
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
Lfiss
2009
Mussmans Back Acres, Inc. — Grant
Park
)
01
ILL
INOi
(Property
Indentification Number
)
PCB 09-
C’
-
°fltroI
01-04-14-200-008)
)
(Tax Certification)
)
)
RECOMMENDATION OF THE
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
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
December 28, 2007, the Illinois
EPA received a request
from Mussmans Back
Acres, Inc. (log
number TC-49-07, 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:
Mussmans Back Acres, Inc.
9998 N. 16000 E. Road
Grant Park,
IL 60940
The proposed
water pollution control facilities in this
request are located at NE
¼
of
Section
14, T32N, R14E of the 3rd P.M. in
Kankakee County, at the
above street address
and consist of the
following:
Livestock waste management
facilities consisting of one
concrete
manure pit (61 ft.
x
568
ft.
x 4 ft. deep).
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 Iii.
Adm. Code 125.200,
and are
eligible for tax
certification
from the Board.
WHEREFORE,
the
Illinois EPA recommends
that the
Board issue the
requested tax certification.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
By:
Division of Legal
Counsel
Dated:
January 28, 2009
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
Memorandum
To:
Connie Tonsor, Division of Legal
Counsel
From:
Alan
Keller,
Manager, Permit Section
Date:
January 26, 2009
Re:
Mussmans Back Acres, Inc. - Grant Park
Recommendation of Tax
Certification
Log #
TC-49-07
Property
Identification
# 01-04-14-200-008
The Bureau of
Water received
a request on December 28, 2007
from
Mussmans
Back Acres, Inc. for an Illinois
EPA
recommendation regarding the tax certification
of
water
pollution control facilities pursuant to
35
Il.
Adm. Code
125.204.
We offer the following recommendation.
The water pollution control facilities in this request include
the
following:
Mussmans Back Acres, Inc.
9998 N 16000 E Road
Grants Park, IL 60940
NE 1/4 of Section 14, T32N, R14E of the 3rd P.M. in
Kankakee County
Livestock waste management facilities consisting
of one concrete
pit
(61 ft. x 568 ft. x 4 ft. deep).
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
JAC 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
CERTIFICATE OF SERVICE
I, Joey Logan-Wilkey, certify that I have served the attached
APPEARANCE and
RECOMMENDATION
OF
THE
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,.by first class mail, upon the following persons:
John
Theirrault, Clerk
Steve
Santarelli
Illinois
Pollution Control Board
Illinois Department of
Revenue
James
R. Thompson Center
101 W. Jefferson
100W. Randolph,
Suite 11-500
P.O. Box 19033
Chicago, Illinois 60601
Springfield, Illinois
62794
Mussmans Back Acres, Inc.
9998
N. 16000 E. Road
Grant Park, Illinois 60940
L-JJ
Dated: January 28, 2009
Joey Logan-
ilkey
Assistant Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
THIS FILING PRINTED ON RECYCLED PAPER