BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dynegy Midwest Generation, Inc
.
Havana Power Station
(Property Indentification Number
09-11-400-001)
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
)PCBO7-
(Tax Certification)
RECEIVE D
CLERK'S OFFICE
FEB'2, 0 2007
NOTICE
Pollution
STATE OF
Control
ILLINOISBoard
rc
Rick Diericz
2828 North Monroe Street
Decatur, Illinois 62526
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
By :
Vera
(J
Herst
n., IJ.,1 S f
--
Assistant Counsel
Division
of Legal Counsel
DATED
: February 16, 2007
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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dynegy Midwest Generation, Inc .
Havana Power Station
(Property Indentification Number
09-11-400-001,
DATED : February 16, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
PCB
(Tax
07-Certifcat`on~
RECEIVEDCLERK'S
)
OFFICE
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of Respondent,
Illinois Environmental Protection Agency .
'THIS FILING IS SUBMITTED ON RECYCLED PAPER
FEBi,0 2007
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By .
1Lel-7
61"-i ~ -
Vera Herst
Assistant Counsel
Division of Legal Counsel
Dated : February 16, 2007
Illinois Environmental Protection Agency
1021 North Grand Ave . E .
P.O . Box 19276
Springfield, Illinois 62794-9276
217/782-5544
requested tax certification .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
/
_
Lf
nSf
Vera Herst
Assistant Counsel
Division of Legal Counsel
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dynegy Midwest Generation, Inc )
Havana Power Station
)
(Property
Identification Number )
PCB 07-
1
09-11-400-001)
)(Tax Certification)
RECOMMENDATION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby files its
Recommendation pursuant to Section 125
.204 of the regulations of the Illinois Pollution
Control Board, 35 111
. Adm . Code 125 .204
.
On December 29, 2005, and on February 2, 2006, the Illinois EPA received a
request from Dynegy Midwest Generation, Inc
. (log number TC-04-06, Exhibit
A) for an Illinois EPA recommendation regarding the tax certification of water
pollution control facilities pursuant to 35 Ill
. Adm . Code 125 .204 .
2 .
The applicants' address is
:
Dynegy Midwest Generation, Inc .
Havana Power Station
15260 No . State Rt . 78
Havana, Illinois 62644
3
. The proposed water pollution control facilities in this request are located at
Section 12, T21N, R9W in Mason County, at the above street address and consist
of the following
:
Newly constructed primary ash deposition cell, whose bottoms and
sidewalls are lined with a 45-mil polypropylene liner and 12 inches of
compacted clay .
The facility is used to remove fly ash, bottom ash, and other miscellaneous low
volume wastes from the sluice water, and is further described in Exhibit A
.
THIS FILING SUBMITTED ON RECYCLED PAPER
R LEEC
E IIV
OFFICE
D
FE3 2,0 2007
STATE OF ILLINOIS
Pollution Control Board
4 .
Section 11-10 of the Property Tax Code, 35 TLCS 200/1 1-10 (2004), 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, 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 .
6 .
Based on the information in the application and the purpose of the facilities, it is
the Illinois EPA's engineering judgment that the described facilities may be
considered "pollution control facilities,' pursuant to 35 111 . Adm . Code
125 .200(a), with the primary purpose of eliminating, preventing, or reducing
water pollution, or as otherwise provided in 35 111 . Adm . Code 125 .200, and are
eligible for tax certification from the Board .
WHEREFORE, the Illinois EPA recommends that the Board issue the
THIS FILING SUBMITTED ON RECYCLED PAPER
IL 532-0222
APC 151 (Rev . 8/00)
Tax Certification for Pollution Control Facilities
Page I of 2
8/00
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION
AIRQ
CONTROL FACILITY
information
This Agency
under
is
Illinois
authorized
Revised
to
Statues,request 1979,
this
WATER
fl
Chapter, 120, Section 502a-5
.
Disclosure of this
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P . O . Box 19276, Springfield, IL 62794-9276
information is voluntary . However, failure to
comply
application
being processed
could
for certificationor
prevent
could result
your
.
applicationin
denial
of
from
your
FOR AGENCY USE
File No .
Date Received
Certification No .
Date
Sec . A
Q
a
dIz
a
U
Sec . B
(5z
u
K
DQ
o
0
y
z
~o
0
Sec. C
(7z
d w
U
Q
UO
Zz a
Q
Sec . D
00
z
o
u
w
u
00
3
u
Describe Pollution Abatement Control Facility
Fly ash and bottom ash (and other miscellaneous low volume wastes) generated from the combustion of coal are
sluiced with water to the ash pond system located east ofthe station
. The ash and other particulates are removed from
the sluice water by gravity clarification
. Clarified sluice waters are pH-adjusted and then discharged to the Illinois
River .
Cell no
. 3 is a newly-constructed primary ash deposition cell
. The bottom and sidewalls of this cell are lined with a
45-mil polypropylene liner and 12 inches of compacted clay
.
Tax Certification for Pollution Control Facilities
Page 2 oft
8/00
Sec . E
( ) Natu e of Contaminants or Pollutants
Material Retained Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
Total suspended solids
E ash and hot om ash deposited in lined pond
4
o
Z00z
°
o
aa
° °u
i
°u
(2) Point(s) of Waste Water Discharqe
Out all 005 (NPDES Perm IL0001571) on he east bank of the Illinois R ver at river mile 18 2
Plans and Speci ications Attached Yes
No
(3) Are contaminants (or residues) collected by the control facility?
Yes
No
(4) Da e installation completed November
30, 2003
status of installation on date of application 100perceni
(5)
a FAIR CASH VALUE IF CONSIDERED REAL PROPERTY :
$ 5 366 494 00
b NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY
.
$ 000
c .
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY :
$ 0.00
d PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY
$ 0
e . PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE
%
100%
Sec . F
The following information is submitted in accordance
ith the Illinois Property Tax Code, as amended, and to the best of my
knowledge, is true and correct . The facilities claimed herein are "pollution control facilities" as defined in Section 11-10 of the
III' .
Pro1
de .
~
Director - Operations Environmental Compliance
Signature
Title
Sec . G
INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
General
: Separate applications must be completed for each control facility claimed . Do not mix types (water and air)
. Where both air and
wafer operations are related, file two applications . If attachments are needed, record them consecutively on an index sheet
.
Sec . A
Information refers to applicant as listed in the tax records and the person to be contacted for further details or for inspection of
facilities . Define facility location by street address or legal description
. A plat map location is required for facilities located
outside of municipal boundaries . The property identification number is required .
Sec . B
Self-explanatory, Submit copies of all permits issued by local pollution control agencies
. (e .g .
MSD Construction Permit)
Sec . C
Refers to manufacturing processes or materials on which pollution control facility is used
.
Sec . D
Narrative description of the pollution control facility, indicating that its primary purpose is to eliminate, prevent or reduce pollution
.
State the type of control facility
. State permit number, date, and agency issuing permit
. A narrative description and a process
flow diagram describing the pollution control facility
. Include a listing of each major piece of equipment included in the claimed
fair cash value for real property
. Include an averaqe analysis of the influent and effluent of the control facility slating the
collection efficiency .
~,
Sec . E
List air contaminants, or water pollution substances released as effluents to the manu actu ing processes
. List also the final
o
disposal of any contaminants removed from the manufacturing processes
.
,-U
Item
Item (1)(2)
--
Refers
Refers
to
to
water
pollutants
pollution
and contaminants
but can apply
removed
to
water-carriedfrom
the process
wastes from
by the
air
pollution
pollution
control
control facilitiesfacility
.
. Submit drawings,
i
which clearly show (a) Point(s) of discharge to receiving stream, and (b) Sewers and process piping to and from the control
facility.
Item (3) -
If the collected contaminants are disposed of other than as wastes, state the disposition of the materials, and the value
in dollars reclaimed by sale or reuse of the collected substances
. State the cost of reclamation and related expense
.
Item (4) -
State the date which the pollution control facility was first placed in service and operated
. If not, explain
.
Item (5) - This information is essential to the certification and assessment actions
. This accounting data must be completed to
activate project review prior to certification by this Agency .
Sec . F
Self-explanatory
. Signature must be a corporate authorized signature
.
Submit to:
Attention :
Attention :
Illinois EPA
Alan Keller
Donald E . Sutton
P .O . Box 19276
Permit Section
Permit Section
Springfield . IL 62794-9276
Division of Water Pollution Control
Division of Air Pollution Control
APPLICATION FOR CERTIFICATION (PROPERTY TAX TREATMENT)
POLLUTION CONTROL FACILITY
AIR f
WATER
N
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P . O
. Box 19276, Springfield, IL 62794-9276
This Agency is authorized to request this
information
Chapter, 120,
under
Section
Illinois
502a-5Revised
. Disclosure
Statues,
of
1979,this
information is voluntary . However, failure to
comply could prevent your application from
being processed or
could result in denial of your
application for certification .
IL 532-0222
APC 151 (Rev . 8/00)
Tax
Certification for Pollution Control Facilities
Page 1 oft
8/00
FOR AGENCY USE
-~
File No .
Date Received
Certification No .
Date
Sec . A Company Name
Dynegy Midwest Generation, Inc .
Person Authorized to Receive Certification
Person to Contact for Additional Details
Rick Diericx
Rick Diericx
Street Address
Street Address
r
U
a
a
2828 North Monroe Street
2828 North Monroe Street
Municipality, State & Zip Code
Decatur, IL 62526
Municipality, State & Zip Code
Decatur, IL 62526
Telephone Number
(217)872-2354
Telephone Number
Location of Facility
Quarter Section
12,SW
Township
21N
Range 9W
Municipality
Township
Havana
Havana
Street Address
15260 No . State Rc 78
County
Book Number
Mason
?
Property Identification Number
9
Parcel Number
Sec . B
Nature of Operations Conducted at the Above Location
o
~ :
a
s
o
The facility at the above location is DMG's Havana Power Station . The station is located on the east bank of the
Illinois River at river mile 118 .5
. The station is engaged in the generation of electricity from the combustion of coal
(SIC Code 4911)
. A tax exemption certification is being sought for cell no . 3 of the station's east ash pond system .
Water Pollution Control
2002-EN-0487Construction
Permit No .
Date Issued
June 5, 2002
NPDES PERMIT No .
IL0001571
Date IssuedApril
25, 2002
Expiration Date
April 30, 2007
Air Pollution Control Construction Permit No .
Date Issued
Air Pollution Control Operating Permit No .
Date Issued
Sec . C
z
to
u
0
z
a
a
Describe Unit Process
The station is engaged in the generation of electricity from the combustion of coal and oil(SIC Code 4911) . No . 6 fuel
oil is combusted in eight boilers
; Powder River Basin Wyoming coal is combusted in a ninth boiler . These boilers
generate steam . The steam turns six turbines which are connected to six 'ge4erathCS,`TTht F
a pray
lfthe
station is 476 MWs .
f
:
K
c s ~`- ?
Materials Used in Process
sub-bituminous coal, #6 fuel oil and water .
Sec . D
z
° °
o
a
z
00u'
Z4
Describe Pollution Abatement Control Facility
Fly ash and bottom ash (and other miscellaneous low volume wastes) generated from the combustion of coal are
sluiced with water to the ash pond system located east of the station . The ash and other particulates are removed from
the sluice water by gravity clarification
. Clarified sluice waters are pH-adjusted and then discharged to the Illinois
River .
Cell no
. 3 is a newly-constructed primary ash deposition cell . The bottom and sidewalls of this cell are lined with a
45-mil polypropylene liner and 12 inches of compacted clay
.
Tax Certification for Pollution Control Facilities
Page 2 of 2
8/00
Sec . E
Z
-`
(1) Nature of Contaminants or Pollutants
Material Retained, Captured or Recovered
Contaminant or Pollutant
DESCRIPTION
DISPOSAL OR USE
Total suspended solids
fly ash and bottom ash deposited in lined pond
>
r-U
0
4
0
Z
°-
3o
a
zZ
6
°u
U
(2) Point(s) of Waste Water Discharge
Oud'all 005 (NPDES Permit 1L0001571) on the east bank of the Illinois River at river mile 118 .2.
Plans and Specifications Attached Yes
No V
(3)
Are contaminants (or residues) collected by the control facility?
Yes v
No
(4) Date installation completed
Novemrnerso,2oo3
_status of installation on date of application 25-percent __
(5)
a .
FAIR CASH VALUE IF CONSIDERED REAL PROPERTY :
$
3bo ti i O©
b . NET SALVAGE VALUE IF CONSIDERED REAL PROPERTY :
$
c .
PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY :
$ 0.00
d . PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY :
$ 0
e .
PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE :
%
100%
Sec . F
a
r
Z
N
The following information is submitted in accordance with the Illinois Property Tax Code, as amended, and to the
knowledge, is lrdeead .correct
. The facilities claimed herein are "pollution control facilities" as defined in Section
II ors roperty Tax Coc(e .
Director - Operations Environmental Compliance
best of my
11-10 of the
Signature
Title
Sec . G
General.
water operations
INSTRUCTIONS FOR COMPILING AND FILING APPLICATION
and air) . Where both air and
on an index sheet,
Separate applications must be completed for each control facility claimed
. Do not mix types (water
are related, file two applications
. If attachments are needed, record them consecutively
Sec . A Information refers to applicant as listed in the tax records and the person to be contacted for further details error inspection of
facilities . Define facility location by street address or legal description
. A plat map location is required for facilities located
outside of municipal boundaries . The property identification number is required .
Sec . B
Self-explanatory . Submit copies of all permits issued by local pollution control agencies .
(e .g . MSD Construction Permit)
Sec . C
Refers to manufacturing processes or materials on which pollution control facility is used
.
Sec . D
State
Narrative
the type
description
of control
of the
facilitypollution
. State
control
permit
facility,
number,
indicating
date, and
that
agency
its primary
issuing
purposepermit
is
.
to
A narrative
eliminate,
description
prevent or reduce
and a processpollution
.
fair
flow
collection
cash
diagram
value
efficiencydescribing
for real
.
the
propertypollution
. Include
control
an
facilityaveraqe
analysis
. Include
of
a
the
listing
influent
of each
and effluent
major piece
of the
of
control
equipment
facility
included
stating
in the
theclaimed
m
Sec . E
List air contaminants, or water pollution substances released as effluents to the manufacturing processes . List also the final
o
disposal of any contaminants removed from the manufacturing processes .
z
Item
Item (2)(1)
--
Refers
Refers
to
to
water
pollutants
pollution
and
but
contaminants
can apply
removed
to water-carried
from the
wastes
process
from
by
air
the
pollution
pollution
control
control
facilitiesfacility
.
. Submit drawings,
which
facilityclearly
.
show (a) Point(s) of discharge to receiving stream, and (b) Sewers and process piping to and from the control
Item (3) -
If the collected contaminants are disposed of other than as wastes, state the disposition of the materials, and the value
in
Item
Item
dollars
(4)(5)--State
This
reclaimed
information
the date
by sale
which
is
or
essential
the
reuse
pollution
of
to
the
the
control
collected
certification
facility
substanceswas
and
first
assessment
. State
placed
the
actionsin
cost
service
.
of
This
reclamation
and
accounting
operatedand . If
data
related
not,
must
explainexpensebe
.
completed
.
to
activate project review prior to certification by this Agency .
Sec . F Self-explanatory
. Signature must be a corporate authorized signature .
Submit to :
Attention :
Attention .
Illinois EPA
Alan Keller
-
Donald E . Sutton
P.O . Box 19276
Permit Section
Permit Section
Springfield, IL 62794-9276
Division of Water Pollution Control
Division of Air Pollution Control
ILLINOIS ENVIRONMENTAL
. PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST,
P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
JAMES R . INOMPSON CENTER,
100 WEST RANDOLPH, SUITE 11-300 . CHICAGO, IL 60601 -(312) 814-6026
ROD R . BLAOOJIVICEI,
GOVERNOR
DOUGLAS P . SCOT I, DIRECTOR
Memorandum
To:
Connie Tonsor, Division of Legal Counsel
From
: Alan Keller, Manager, Permit Section
Date:
Re :
Dynegy Midwest Generation, Inc. - Havana Power Station
Recommendation of Tax Certification
Log # TC-04-06
Property Identification # 09-11-400-001
The Bureau of Water received a request on December 29, 2005, and on February 3, 2006
from Dynegy Midwest Generation, Inc . for an Illinois EPA recommendation regarding
the tax certification of water pollution control facilities pursuant to 35 11 . Adm . Code
125 .204
. We offer the following recommendation .
The water pollution control facilities in this request include the following :
Dynegy Midwest Generation, Inc .
Havana Power Station
15260 No
. State Rt. 78
Havana, Illinois 62644
Located in Section 12, T
.21N, R .9W in Mason County .
Fly ash and bottom ash (and other miscellaneous low volume wastes) generated from the
combustion of coal are sluiced with water to the ash pond system located east of the
station
. The ash and other particulates are removed from the sluice water by gravity
clarification
. Clarified sluice waters are pH adjusted and then discharged to the Illinois
River.
Cell number 3 is a newly constructed primary ash deposition cell . The bottom and
sidewalls of this cell are lined with a 45-mil polypropylene liner and 12 inches of
compacted clay .
ROCKFORD-4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES-951 I W . I larrison St ., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL
60123-(847) 608-3131
•
PEORIA - 5415 N
. University St, Peoria, IL 61614
-
(309) 693-5463
BUREAU Or LAND-PEORIA-7620 N
. University St , Peoria, II
. 61614-(309) 693-5462 • CHAMPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-45005 . Sixth Street Rd .,Springfield, It
.62706-(217)786-6892
• COHINSVILLE-2009 Mall Street, Collinsville,IL62234-(618)346-5120
MARION - 2309 W . Main St, Suite 116, Marion, IL 62959 -(618) 993-7200
PRINTED ON RECYCLED PAPER
Page 2
TC-04-06
These facilities are further described in the enclosed applications and supporting
documents.
Based on the information included in this submittal, it is our engineering judgment that
the above proposed facilities may be considered "Pollution Control Facilities" under 35
IAC 125
.200(a), with the primary purpose of eliminating, preventing, or reducing water
pollution, or as otherwise provided in this section, and therefore eligible for tax
certification from the Illinois Pollution Control Board
. The Bureau of Water therefore
recommends that the Board issue the requested tax certification for these facilities
.
If you have any questions regarding the above, please contact Darin LeCrone at 217/782-
0610.
SAK:DEL :TC0406.doc
cc: Tax Cert File
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
APPEARANCE AND THE
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
Rick Diericz
James R
. Thompson Center
2828 North Monroe Street
100 West Randolph Street, Suite
. 11-500
Decatur, Illinois 62526
Chicago, Illinois 60601
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
Post Office Box 19033
Springfield, Illinois 62794
and mailing it from Springfield, Illinois, on February 16, 2007, with sufficient postage
affixed for first class mail
.
SUBSCRIBED AND SWORN TO BEFORE ME
This 16'h
day of February, 2007
A
OFFICIAL SEAL
Notary Public
BRENDA BOEHNER '
.
NOTARY PUBLIC, STATE
OF ILLINOIS
:, MY
COMMISSION EXPIRES
11-3 .2000
THIS FILING IS SUBMITTED ON RECYCLED PAPER
