RECE
WED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JUL
1 42004
HOLLAND ENERGY, LLC-BEECHER CITY
(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)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite.
11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
Post Office Box
19033
Springfield, Illinois 62794
NOTICE
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
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 served upon 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:
James A\llen ~ay
Assistant\~ptinse1
Division of Legal Counsel
Petitioner,
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
PCB1M~
)
(Tax Certification)
)
)
)
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
142004
HOLLAND ENERGY, LLC-BEECHER CITY
)
STATE OF ILLINOIS
(Property Identification Numbers
)
pollution Control Board
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,
)
PCBO4~
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
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Respondent.
)
APPEARANCE
The
undersigned, as one of its attorneys, hereby enters an
APPEARANCE on behalf of the
Respondent, Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION
AGENCY OF THE
STATE OF ILLiNOIS
By:_____
Jam
sAl
nDay
Assis
Counsel
Division of Legal Counsel
DATED:July
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
SUBM1YFED 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 04~
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 regarding the tax certification ofwater
pollution control facilities pursuant to 35 Ill. Adm.
Code
125.204, and noted the request
as log number
TC-35-02.
(Exhibit A)
2)
The applicant’s address is:
Holland Energy, LLC
Rural Route 3 Box 270A
Beecher City, Illinois 624 14-0065
3)
The waterpollution control facilities in this request are located at Section
16, Township
9
North, Range 4 East ofthe
3rd
Principal Meridian in Shelby County, Illinois at the above
street address and consist ofthe following:
The Circulating Water Chemical Feed System consisting of chemical storage,
pumps and appurtenances for the injection of a corrosion inhibitor, sulfuric acid,
THIS FILING IS SUBMiTTED
ON RECYCLED PAPER
and sodium hypochiorite for the minimization ofcorrosion, scale buildup, and
biofouling in the circulating water system which includes the cooling tower.
(These facilities are further described in Exhibit A.)
4)
Section 11-10 of the 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 primary purpose of:
(a) eliminating, preventing, orreducing
air or water pollution
..
.
or (b) treating, pretreating, modifying or disposing ofany
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
(2000).
6)
Based on the information in the application and the purpose ofthe facilities (reducing
maintenance issues and a loss in operational efficiency due to
corrosion, scale buildup, or
biological growth in the cooling water piping system and cooling tower), it is the Illinois
EPA’s engineeringjudgment that the described facilities are not “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.
Therefore,
the facilities are not eligible for tax certification from
THIS FILiNG
IS
SUBMITTED ONRECYCLED
PAPER
the Board.
7)
Therefore, the Illinois EPA recommends that the Board deny the requested tax
certification.
Illinois Environmental Protection Agency,
By:
____________________________
Ja~e~,Xllen
Day
Assistant Counsel
Division of Legal Counsel
July
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
)
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:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite.
11-500
Chicago, Illinois
60601
Steve Santarelli
Illinois Department ofRevenue
101
WestJefferson
Post Office Box
19033
Springfield, Illinois 62794
Notary Public
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
OFFICIAL
I
BRENDA
BOEHNER
NOTARY
PUBLIC.
STATE
OF
ILLINOIS ~
-?MY
COMMISSION
EXPIRES
-~
4-2OO5~
and mailing it from Springfield,
Illinois
on July
13,
2004 with sufficient postage affixed for first
class mail.
SUBSCRTBED AND SWORN TO BEFORE
ME
this thirteenth day of July, 2004
THIS FILING
IS SUBMiTTED ON RECYCLED PAPER
