HOLLAND ENERCY, LLC-BEECHER CITY
(Property Identification Numbers
0524-01-00-100-004, 0825-16-00-100-004,
0825-16-00-300-002, 0825-1 6-00-300-003,
0825-16-00-200-002)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
)
)
)
)PCBI
)
(Tax Certification)
)
)
)
RECEIVED
CLERK’S OFFICE
JUL
1
4
2OO~
STATE OF ILUNOIS
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 Market Place, Suite 500
Baltimore, Maryland 21202
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
~~~j2a2~
~
Assista
t
ounsel
Division of Legal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PLEASE TAKE NOTICE
that I have today filed with the Office ofthe Clerk of the Pollution
Control Board an APPEARANCE AND THE
RECOMMENDATIONof
the Illinois Environmental
Protection Agency, a copy of which is herewith served upon you.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
RECEIVED
CLERK’S OFFICE
JUL
142004
STATE OF ILLINOIS
pollution Control Board
)
Back to top
)
PCB~~
)
(Tax Certification)
)
)
)
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
DATED:Jüly 13, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
217-782-5544
By:
Day
Assi~
Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
JUL
14
2004
STATE OF ILLINOIS
Pollution Control Boarc~
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-41-02. (Exhibit A)
2)
The applicant’s address is:
Holland Energy, LLC
Rural Route 3, Box 270A
Beecher City, Illinois
62414-0065
3)
The waterpollution 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 ofthe following:
The Cycle Chemical Feed System consisting of chemical storage, pumps and
appurtenances for the injection ofan oxygen scavenger, neutralizing amine and
THIS
FILING IS SUBMITTED
ON RECYCLED PAPER
phosphate for the minimization of corrosion and
scale buildup in the steam,
condensate and feedwater piping systems.
(These facilities are further described
in Exhibit A.)
4)
Section 11-10 ofthe Property Tax
Code, 35
TILCS 200/11-10 (2000), 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, 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, orto 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 and/ or scale
buildup in the steam, condensate, and feed water systems), 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 ofeliminating,
preventing, or reducing waterpollution, or as otherwise provided in 35
Ill. Adm. Code
125.200.
Therefore, the facilities are not eligible fortax certification from the Board.
THIS
FILING
IS SUBMITTED ON RECYCLED PAPER
7)
Therefore, the Illinois EPA recommends that the Board deny the requested tax
certification.
Illinois Environmental Protection Agency,
By:
Q2O~
Ja
esAllenDay
Assjstant 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
OFILLINOIS
COUNTY OF SANGAMON
)
)
)
PROOF OF SERVICE
I, the undersigned, on oath statethat 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 West Randolph Street, Suite.
11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department ofRevenue
101
West Jefferson
Post Office Box
19033
Springfield, Illinois
62794
James L. Perry, General Manager
HollandEnergy, LLC
Rural Route 2, Box 270A
Beecher City, illinois 624 14-0065
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.
SUBSCRIBED AND SWORN
TO
BEFORE ME
this thirteenth day ofJuly, 2004
~~okx\oJC
Notary Public
THIS FILING IS SUBMITTED ON RECYCLED•PAPER
