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.
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
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 of
the 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:
Ja
esAl
Assi
Counsel
Division of Legal Counsel
RECEIVED
CLERK’S
OFFICE
JUL
142004
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARDSTATE OF ILLINO~3
Pollution Control
Board
)
)
)
)
PCBOi
)
(Tax Certification)
)
)
)
TIllS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDJUL
142004
STATE OF ILLINOIS
HOLLAND ENERGY,
LLC-BEECHER CITY
)
Pollution Control Board
(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,
)
PCB,Q4~
)
(Tax Certification)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Back to top
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:___
Ja~Øtllen Day
Assistant Counsel
Division ofLegal 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
SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
JUL
142004
STATE OF ILLINOIS
POlI~ti~n
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 of its attorneys, and pursuant to Section
125.204 of the Illinois Pollution Control
Board’s (Board) regulations files the following Recommendation regarding the~taxcertification
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-34-02.
(Exhibit A)
2)
The applicant’s address is:
Holland Energy, LLC
Rural Route 3, Box 270A
Beecher City, Illinois
62414-0065
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 ofthe
following:
The raw water treatment system consisting of a makeup water clarifier, sludge
recycle system, sodium hypochiorite
feed system, sodium hypochlorite storage
THIS FILING IS
SUBMiTTED
ON
RECYCLED
PAPER
tank, coagulant feed
system, coagulant storage tank, polymer feed system,
clarified water retention tank, clarified water pumps, clarified water storage tank,
multimedia filtration system, filtered water
holding
tank, filtered water pumps.
(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 orappliance appurtenant
thereto
or any portion ofany 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
(2000).
6)
Based on the information in the application and the purpose ofthe facilities (to provide
suitable quality water for various plant operations such as cooling tower makeup, plant
firewater, plant service water, combustion turbine evaporative coolermakeup water,
quench water, and to supply water forthe mobile deniineralizer system), 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
THIS FILING IS
SUBMITTED
ON RECYCLED PAPER
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
the Board.
7)
Therefore,
the Illinois EPA recommends that the Board deny the requested tax
certification.
Illinois Environmental Protection Agency,
By:____
~ame1Allen Day
L.-~”
A~fstantCounsel
Division ofLegal 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 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 624 14-0065
Dan Skowronski, Counsel
Constellation Power Source Holdings
100 Market Place, Suite 500
Baltimore, Maryland 21202
Notary Public
:~.
BRENDA
BOEHNER
NOTARY
PUBLIC.
STATE
OF
ILLINOIS
~:
~:MY
COMMISSION
EXPIRES
ll-14.2005:i
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
Ti-uS
FILING
IS SUBMI1’TED ON RECYCLED PAPER
