BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Frank Hopkins, Jr. - Gilson
(Property Identification Number
18-05-200-002)
)
)
PCB09-
)
(Tax Certification)
)
)
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
10 I West Jefferson
Post Office Box 19033
Springfield, IL 62794
Frank Hopkins, Jr.
740 Knox Road 600N
Gilson, IL 61436
and mailing it from Springfield, lllinois, on June 4, 2009, with sufficient postage
affixed for first class mail.
And electronically, on June 4,
2009 to:
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street,
Suite. 11-500
Chicago IL 6060 I
SUBSCRIBED AND SWORN TO BEFORE ME
This 4th day of June, 2009
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-119 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Frank Hopkins Jr. -Gilson
(property Identification Number
18-05-200-002)
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
Frank Hopkins, Jr.
740 Knox Road 600N
Gilson, IL 61436
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 lllinois
Environmental
Protection Agency, a copy of which is herewith served upon you.
DATED: June 4, 2009
lllinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield
IL 62794-9276
(217)782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE ST
E OF ILL
IS
BY:~====:::I~~.-\._~~_
Jason R. Boltz
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-119 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Frank Hopkins, Jr. - Gilson
(property Identification Nnmber
18-05-200-002)
)
) PCB09-
) (Tax Certification)
)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of Respondent,
lllinois Environmental Protection Agency.
DATED: June 4,
2009
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post
Office Box 19276
Springfield
IT.. 62794-9276
(217) 782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF
THE S
TE OF IT..LINOIS
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-119 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
Frank Hopkins, Jr. - Gilson
(property Identification Number
18-05-200-002)
)
) PCB09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its Recommendation
pursuant to
Section 125.204 ofthe regulations of the lllinois Pollution Control Board, 35
Ill.
Adm. Code 125.204.
I.
On May 18, 2009, the Illinois EPA received a request from Frank Hopkins, Ir. (log
2.
number TC-22-08, 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 facility address is:
Frank Hopkins, Jr.
740 J(nox Road 600N
Gilson, IL 61436
3.
The proposed water pollution control facilities in this request are located at Section
5,
T9N, R2E oftbe 4th P.M. in Knox County, at the above street address and consist of the following:
Livestock mortality management facilities consisting of one roofed concrete composting
structure (132 ft. x 14 ft. x 6 ft. deep) consisting of nine 14ft. x 14ft. bins for the purposes of
primary and secondary composting of dead swine.
These livestock mortality 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 200/1 1-10 (2006), defines "pollution
control facilities" as:
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-119 * * * * *
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 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 requested
tax certification.
Dated: June 4,
2009
ILLINOIS
PROTECT
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
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-119 * * * * *
