BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Holesinger Farms, Inc. - Fulton
(property Identification Nnmber
02-31-100-005)
)
) PCB 09-
) (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
101 West Jefferson
Post Office Box 19033
Springfield, IL 62794
Keith Holesinger.
8015 Lincoln Road
Fulton,
IL 61252
Russell
J. Holesinger
Registered Agent
Holesinger Farms, Inc.
1405 14th Ave.
Fulton,
IL 61252
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, Suitc. 11-500
Chicago IL 6060 I
SUBSCRIBED
AND SWORN TO BEFORE ME
This
4th day ofJune, 2009
(JQ
otary
aJ.'(M
Public
Il,
iW£
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-121 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Holesinger Farms, Inc. - Fulton
(Property Identification Number
02-31-100-005)
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 1l.500
Chicago IL 6060 I
Steve Santarelli
Illinois Department of
Revenue
101 WestJefferson
Post Office Box 19033
Springfield IL 62794
)
) PCB09-
) (Tax Certification)
)
)
NOTICE
Keith Holesinger
8015 Lincoln Road
Fulton, IL 61252
Russell J. Holesinger
Registered Agent
Holesinger Farms, Inc.
1405 14th Ave.
Fulton, IL 61252
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
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 ST
E 0
LL
IS
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 4, 2009
* * * * * PCB 2009-121 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Holesinger Farms, Inc. -Fulton
(property Identification Number
02-31-100-005 )
)
) PCB 09-
) (Tax Certification)
)
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of Respondent,
TIlinois Environmental Protection Agency.
DATED: June 4,
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 ST A
OF ILLINOIS
By:
~==~~-¥<..'h.",=>L-+_
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 2009-121 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Holesinger Farms, Inc. -Fulton
(property Identification Number
02-31-100-005)
)
) PCB 09-
) (Tax Certification)
)
)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its Recommendation
pursuant to Section 125.204
ofthe regulations ofthe Illinois Pollution Control Board, 35
Ill.
Adm. Code 125.204.
I.
On May 18, 2009, the Illinois EPA received a request from Keith Holesinger, Holesinger
2.
Farms, Inc. -Fulton (log number TC-23-08, 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:
Holesinger Farms, Inc.
8015 Lincoln Road
Fulton, IL 61252
Russell
J. Holesinger
Registered Agent
Holesinger Farms, Inc.
1405 14th Ave.
Fulton, IL 61252
3.
The proposed water pollution control facilities in this request are located at Section
31-
N.W.
114,
Township: 22N, Range: 4E of the 4th P.M. in Whiteside County, at the above street address
and consist
of the following:
Livestock waste management facilities consisting of one concrete manure pit (42 ft. x 181 ft.
x 8 ft.) and the slotted flooring over the manure pit and 4 pump outs pits (4 ft. x 4 ft. x 8 ft.) in
building #1; and approximately 72
ft. of 8-inch diameter PVC manure transfer pipe.
These livestock waste management facilities are used to collect, transport and/or store
livestock wastes prior to cropland application., and
ru-e 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 maybe 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
requested tax certification.
ILLINOIS
PROTECT
NVIRONMENTAL
B'
AT
Dated: June 4, 2009
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
Jason
R.
Boltz
Assistant Counsel
Division of Legal Counsel
P.O. Box 19276
Springfield, Illinois 62794-9276
2171782-5544
