HOLLAND ENERGY, LLC-BEECHER
CTTY
)
(Property Identification Numbers
)
0524-01-00-100-004, 0825-16-00-100-004,
)
0825-16-00-300-002, 0825-16-00-300-003,
0825-16-00-200-002)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
)
PCBJ14~
)
(Tax Certification)
)
)
)
JUL
1’i
2004
STATE OF ILLINOIS
Pollution Control Board
NOTICE
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite.
11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department of Revenue
101
West Jefferson
Post Office Box
19033
Springfield, Illinois
62794
James L. Perry, General Manager
Holland Energy, LLC
Rural Route 2, Box 270A
Beecher City, Illinois
62414-0065
Dan Skowronski, Counsel
Constellation Power Source Holdings
100 MarketPlace, Suite 500
Baltimore, Maryland 21202
PLEASE
TAKE
NOTICE
that I have today filed with the Office of the Clerk of the Pollution
Control Board
an APPEARANCE AND THE RECOMMENDATION ofthe Illinois Environmental
Protection Agency, a copy of which is herewith servedupon you.
ENVIRONMENTAL PROTECTION AGENCY
OF
THE STATE OF ILLINOIS
DATED: July
13, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
By: ~
‘~~3
Assis
nt Counsel
Division of Legal
Counsel
RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
CLERK’S
OFFICE
THIS FILING IS SUBM1TFED
ONRECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
HOLLAND
ENERGY, LLC-BEECHER CITY
)
JUL
142004
(Property Identification Numbers
)
STATE OF ILLINOIS
0524-01-00-100-004, 0825-16-00-100-004,
)
Pollution
Control
Board
0825-16-00-300-002, 0825-16-00-300-003,
)
0825-16-00-200-002)
)
Petitioner,
)
PCB.04~
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
)
APPEARANCE
The undersigned, as one ofits attorneys, hereby enters an APPEARANCE on behalfofthe
Respondent, Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLiNOIS
By:____
Jakies 4Xlen Day
Ass’~t~t
Counsel
Division ofLegal Counsel
DATED:JuIy 13, 2004
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
RECEIVED
CLERK’S
OFFICE
JUL
142004
STATE OF
ILLINOIS
Pollution
Control
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
HOLLAND ENERGY, LLC-BEECHER CITY
)
(Property Identification Numbers
)
PCB
~W
0524-01-00-100-004, 0825-16-00-100-004,
)
(Tax Certification)
0825-16-00-300-002, 0825-16-00-300-003,
)
0825-16-00-200-002)
)
RECOMMENDATION
Now Comes the Illinois Environmental Protection Agency (“Illinois EPA”) by James Allen
Day, one ofits attorneys, and pursuant to Section 125.204 ofthe Illinois Pollution Control
Board’s (Board) regulations files the following Recommendation regarding the tax certification
ofwater pollution control facilities pursuant to 35
Ill. Adm.
Code 125.204.
1)
On December 31, 2002,
the Illinois EPA received a request from Holland Energy, LLC-
Beecher City for an Illinois EPA recommendation regardingthe tax certification ofwater
pollution control facilities pursuant to 35 Ill. Adm. Code 125.204,
and noted the request
as log numberTC-39-02.
(Exhibit A)
2)
The applicant’s address is:
Holland Energy, LLC
Rural Route
3, Box 270A
Beecher City, Illinois
624 14-0065
3)
The water pollution control facilities in this request are located at Section
16, Township
9
North, Range 4 East ofthe 3’~’
Principal Meridian in Shelby County, Illinois at the above
street address and consist of the following:
The Sanitary Sewer Collection and Treatment System, consisting ofvarious sets
ofpiping, two lifi
stations with grinderpumps, a septic system and leach
field for
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
the collection
and treatment ofsanitary wastewaters at the facility.
(These
facilities are further described in Exhibit A)
4)
Section
11-10 ofthe Property Tax Code,
35 ILCS 200/11-10 (2000), defines “pollution
control facilities” as: “any system, method, construction, device or appliance appurtenant
thereto or any portion ofany building or equipment,
that
is designed, constructed,
installed or operated forthe primarypurpose of:
(a)
eliminating, preventing, or reducing
air orwater 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)
Section
11-10 ofthe Property Tax
Code, 35 ILCS 200/11-10 (2000), provides that:
“Pollution control facilities’ shall not include, however,
..
.(3) any facility operated by
any person other than a unit of government, whetherwithin or outside ofthe territorial
boundaries of a unit oflocal government, for sewage disposal ortreatment..
.“
6)
Pollution control facilities are entitled to preferential tax treatment, 35 ILCS 200/11-5
(2000).
7)
Based on the information in the application and the purpose ofthe facilities (sewage
disposal or treatment), it is the Illinois EPA’s engineering judgment that the described
facilities are not “pollution control facilities,” pursuant to
35
Ill. Adm.
Code 125.200(a),
with the primary purpose ofeliminating, preventing, or reducing water pollution, or as
THIS FILING IS SUBMITTED ON RECYCLED PAPER
otherwise provided in 35 Iii. Adm.
Code
125.200.
Therefore, the facilities are not eligible
for tax certification from the Board.
8)
Therefore, the Illinois EPA recommends that the Board deny the requested tax
certification.
July
13, 2004
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
217-782-5544
By:
Illinois Environmental Protection Agency,
Counsel
Division ofLegal Counsel
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached APPEARANCE AND
RECOMMENDATION, upon the person to whom it is directed, by placing a copy in
an
envelope addressed to:
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph Street, Suite. 11-500
Chicago, Illinois
60601
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
James L.
Perry, General Manager
Holland Energy, LLC
Rural Route 2, Box 270A
Beecher City, Illinois 62414-0065
Dan Skowronski, Counsel
Constellation Power Source Holdings
100 Market Place, Suite 500
Baltimore, Maryland 21202
and mailing it from Springfield, Illinois on
July 13,
2004 with sufficient postage affixed for first
class mail.
~&9~
SUBSCRIBED AND SWORN TO BEFORE ME
this thirteenth day ofJuly, 2004
~k ~
Notary Public
OFFICIAL
SEAL
BRENDA
BOEHNER
NOTARY
PUBLIC,
STATE
OF
ILLINOIS ~
~:MY
COMMISSION
EXPIRES
1M42005X
THISFILING
IS SUBMITTED
ON RECYCLED PAPER
