RECEnVED
BEFO~E—ti~II~1JIION
CONTROL BOARIJUN~CE
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
)
NOTICE
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 of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
James L. Perry, General Manager
Holland Energy, LLC
RR2, 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 ofthe Pollution Control
Board an APPEARANCE AND THE RECOMMENDATION ofthe Illinois Environmental Protection Agency, a
copy ofwhich is herewith served upon you.
DATED: June 1O~2004
Illinois Environmental Protection Agency
1021 North GrandAvenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILL1NOIS
By:
Ja~~~AilenDay
Assistant Counsel
Division of Legal Counsel
HOLLAND ENERGY, L~\g-~~j1j-~
(Property Identification ~
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,
STATE OF ILLINOIS
POllution Control Board
)
)
)PCBO4-
°~
) (Tax Certification)
)
)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECE
WED
CLERK’S OFFICE
JUN 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-O0-100-004,0825-16-0O-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 of its 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, 2003, 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 Iii. Adm. Code 125.204, and noted the request
as log numberTC-36-02. (Exhibit A)
2)
The applicant’s address is:
Holland Energy, LLC
R.R. 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 3’~’Principal Meridian in Shelby County, Illinois at the above
Street address and consist ofthe following:
A wastewater collection and treatment
system consisting of a
32 ft. diameter
clarifier, clarifiercoagulant feed system, clarifier polymer feed system, 41 cubic
foot filter press, filter press feed pumps, sludge polymer feed system, 19,000
gallon inclined plate oil / water separator, sludge sump pumps, wastewater sump
and pumps, treated effluent sump and pumps, turbine building sump and pumps,
maintenance area sump and pump, HRSG 1 area sump and pump, HRSG sump
and pump, lab and water treatment building sump and pumps, anhydrous
ammonia area sump and pump, circulating water / chemical feed area sump and
pump, water treatment area sump and pump, HRSGI blowdown drain sump and
pumps, HRSG2 blowdown drain sump and pumps, auxiliary boiler blowdown
sump and pumps, and other pumps and appurtenances necessary for the collection
and treatment ofplant wastewaters. (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 orany 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 ifreleased without treatment,
pretreatment
modification or disposal
might be harmful, detrimental or offensive to
human, plant oranimal 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, to treat
process waste water prior to discharge, it is the Illinois EPA’s engineering judgment that
the described facilities may be considered “pollution control facilities,” pursuant to 35 Ill.
Adm. Code 125.200(a), with the primary purpose ofeliminating, preventing, or reducing
water pollution, or as otherwise provided in 35 III. Adm. Code 125.200. Therefore, the
facilities are eligible for tax certification from the Board.
7.
Therefore, the Illinois EPA recommends that the Board issue the requested tax
certification.
Illinois Environmental Protection Agency,
By:___
Allen Da)~—”
Assistant Counsel
Division of
Legal
Counsel
June 10, 2004
Illinois Environmental Protection Agency
1021 North Grand Ave. E.
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
)
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 of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
James L. Perry, General Manager
Holland Energy, LLC
RR2, 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 June 10, 2004 with sufficient postage affixed for first
class mail.
SUBSCRiBED
AND SWORN TO BEFORE ME
this tenth day
of
June,
2004
Notary Public
OFFICIAL SEAL
8REP4DA BOEHNER
NOTARy PUBLIC, STATE OF ILLINOIS
~MY COMMISSION EXPIRES
11.14.20052
THIS FILING IS SUBMITTED ON RECYCLED PAPER
