BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Clark Kelly - Biggsville
(property Indentification Number
03-035-002-00)
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago IL 60601
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield IL 62794
)
) PCB 09-
) (Tax Certification)
)
)
NOTICE
Clark Kelly
PO Box 287
Biggsville IL 61418
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 lllinois
Environmental Protection Agency, a copy of which is herewith served upon you.
DATED: June 2, 2009
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield IL 62794-9276
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
BY'(!~
Chad
M.
Kruse
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Clark Kelly - Biggsville
(Property Indentification Number
03-035-002-00)
)
) PCB 09-
) (Tax Certification)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an
APPEARANCE
on behalf of Respondent,
Illinois Environmental Protection Agency.
DATED: June 2, 2009
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield
IL
62794-9276
(217)782-5544
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:----=L=---~~=----_
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
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 West Jefferson
Post Office Box 19033
Springfield IL 62794
Clark Kelly
PO Box 287
Biggsville IL 61418
and mailing it from Springfield, IJIin,ois, on June 2, 2009, with sufficient postage
affixed for first class mail.
And electronically, on June
2, 2009 to:
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago IL 60601
SUBSCRIBED AND SWORN TO BEFORE ME
This 2nd day
of June, 2009
~Q.~
otary Public
DAWN
OFFICIAL
A. HOLLIS
SEAL
~+-Go+~
NOTARY PUBLIC, STATE OF WNOIS
MY CCMIISSION
EXMS
101902012
+++++~~*""$~'l)i"
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Clark Kelly - Biggsville
)
(Property Indentification Number
03-035-002-00)
) 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 Illinois Pollution
Control Board, 35 Ill. Adm. Code 125.204.
1.
On March 24, 2008, the Illinois EPA received a request from Clark Kelly (log
2.
number TC-12-08, Exhibit A) for an Illinois EPA recommendation regarding the
tax certification
of water pollution control facilities pursuant to 35 Ill. Adm. Code
125.204.
The applicant's address is:
Clark Kelly
POBox 287
Biggsville IL 61418
The proposed water pollution control facilities in this request are located at
NE
~
of Section 35, TION, R4W of the 4th P.M. in Henderson County, at the above street
address and consist
of the following:
Livestock waste management facilities consisting of one concrete
manure pit (approximately
280
ft.
x 71 ft. x 8 ft. deep) with four concrete
pump out pits (each approximately 6 ft. x 6
ft. x 8
ft.
deep), and the
slotted concrete portion
of the floor over the manure pit. The manure pit
is surrounded by approximately
706 feet of 6-inch diameter plastic
perimeter foundation drainage tubing. The foundation tubing also
includes 1 inspection port
(10 ft. deep 6-inch diameter plastic pipe).
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 200111-10 (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.
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
WHEREFORE, the Illinois EPA recommends that the Board issue the
requested tax certification.
Dated: June 2,
2009
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
By:
---'o";;;;;C=--",,,~~,,----
Chad M. Kruse
Assistant Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
P.O. Box 19276
Springfield, Illinois 62794-9276
2171782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, p.o. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - (217) 782-2829
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
DOUGLAS
P. Scon,
'IFI~
E I V E 0
Memorandum
Division of
Leqal Counsel
To:
Connie Tonsor, Division of Legal Counsel
MAY
2
I
t.1J\J:I
From: Al Keller, P.E., Manager, Permit Section
~
Date:
May
27, 2009
Re:
Clark Kelly - Biggsville
Recommendation
of Tax Certification
Log # TC-12-08
Property Identification # 03-035-002-00
Environmental Protection
Agency
The Bureau of Water received a request on March 24, 2008 from Clark Kelly 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:
Clark Kelly
PO Box 287
Biggsville, IL 61418
NE
l;4
of Section 35, nON, R4W ofthe 4th P.M. in Henderson County
Livestock waste management facilities consisting
of one concrete manure pit (approximately 280
ft. x 71 ft. x 8 ft. deep) with four concrete pump out pits (each approximately 6 ft. x 6 ft. x 8 ft.
deep), and the slotted concrete portion of the floor over the manure pit. The manure pit is
surrounded by approximately 706 feet of 6-inch diameter plastic perimeter foundation drainage
tubing. The foundation tubing also includes 1 inspection port
(10ft. deep 6-inch diameter plastic
pipe).
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-12-08.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 OF LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462
•
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
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
Watershed Unit Tax Certification Review Sheet
Project Name:
Location:
Reviewer:
Date:
Log No.:
Type:
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Applicant:
1
CL&IK
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Contact:
Phone:
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Facility:
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County:
Date Control
Devices Installed:
Signature:
Wastes:
IJv
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XUvestock waste is applied to cropland.
Provided
Fair Cash
Value:
Title:
Cl
[JO~er:
Agrichemical
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________________________________________________________
and spillage is recycled through
the
facility and/or land applied.
___
Physical Description of Pollution Control Devices:
Other:
5/;010
11
/
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./
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
File No.
Sec. A
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P. O. Box 19276. Springfield. IL
627~9276
FOR AGENCY USE
Certification No.
Water Pollution Control Construction Permit No.
NPDES PERMIT No.
Air Pollution Control Construction Permit No.
Air
Pollution Control Operating Permit No.
Sec. C
Describe. Unit Process
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Materials Used in Process
tt.fi
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Date Issued
Date Issued
Date Issued
Date Issued
IL 532-0222
APC lSI (Rev.
8/00)
Tax CeT1ificationfor Pol/ution Control Facilities
Page I of2
8/00
This Agency is authorized to request this
infonnation under Illinois Revised Statues, 1979,
Chapter, 120, Section S02a-S. Disclosure of this
infonnation is voluntary. However, failure to
comply could prevent your application from
being processed or lXluld result in denial of your
application for certification.
Date
S-/J ... OJ>
Expiration Date
Watershed Management
Section
BUREAU
OF
WATER
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
Sec.E
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(1) Nature of Contaminants or Pollutants
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
-
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(2) Point s) of Waste Water Discharge
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Plans and Specifications Attached I Yesg
I NoD
(3)
Are contaminants (or residues) collected by the control facility?
IYes~
I NoD
(4)
Date insta"ationcompleted
4-
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status of installation on date of application
(5)
a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:
$
Se.~
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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:
%
55 OIl)
The following information is submitted in accordance with the Illinois Property Tax Code, as amended, and to the best of my
knowledge, is true and correct. The facilities claimed herein are "pollution control facilities" as defined in Section 11-10 of the
lIIi~
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Signature
/
Title
./
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
Sec.B
Sec.C
Sec.D
Sec.E
Sec.F
Information refers to applicant as listed in the
tax
records and the person to be contacted for further details or for ins pection 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.
Self-explanatory. Submit copies of
all permits issued by local pollution control agencies. (e.g. MSD Construction Permit)
Refers to manufacturing processes or materials on which pollution control facility is used.
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
oollution control facilitv. 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.
Ust 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
~rried
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 collecled 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.
Self-explanatory. Signature must
be a corporate authorized signature.
Submit
to:
Illinois EPA
P.O. Box 19276
Springfield, IL 62794-9276
Attention:
AI Keller
Permit Section
Division
of Water Pollution Control
Tax Certification for Pollution Control Facilities
Page2of2
8/00
Attention:
Donald E. Sutton
Permit Section
Division
of Air Pollution Control
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
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GENERAL NOTES
CONCRETE CONSTRUCTION SHALL MEET WITH MIDWEST PLAN
SERVICE- 36, CONCRETE MANURE STORAGES HANDBOOK.
THE FOOTINGS ARE TO BE CONSTRUCTED WITH A MINIMUM
OF 3,000 PSI CONCRETE.
ALL WALLS, COLUMNS, AND FLOORS ARE TO BE CONSTRUCTED
OF 4,000 PSI CONCRETE.
HEAVY EQUIPMENT WILL NOT BE OPERATED WITHIN 5' OF
FACILITY.
CONCRETE SLATS WILL BE UTILIZED FOR FLOORING.
THE CONCRETE FLOOR WILL BE A CONTINUOUS POUR.
EXTERIOR WALL CONSTRUCTION JOINTS WILL BE INSTALLED AT
100' O.C.
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& W
t
CLARK KELLY
es
BIGGSVILLE, ILLINOIS
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PERIMETER DRAIN
.----1"=20'---,
DRAIN TO DAYLIGHT
(FIELD VERIFY LOCATION)
26 N.
Slate Roule
29
ringfield, IL 62707
Phone:
217/487_7686~P~L~A~N~~V~IE~VVT-
_________________________________________________
----<r.~~~~~~~~~~~~~~~~~~~--
__
--~~
____
~
Fax:
217/487-7687 DRAWN BY: CEO
REVISED ON: XX/XX/XX DRAWING NO.06-l8l0l
Electronic Filing - Received, Clerk's Office, June 2, 2009
* * * * * PCB 2009-115 * * * * *
