Chapter 8-20
POLLUTION CONTROL FACILITY SITING*
Sections:
8-20-060 Filings by the applicant.
8-20-080 Filings by other than the applicant.
8-20-110 Record of proceedings.
8-20-120 Decision by the city.
8-20-130 Reimbursement of city expenses.
* Prior ordinance history: Ord. 2614.
8-20-010 Prior ordinances.
All prior ordinances and resolutions in conflict or inconsistent herewith are expressly repealed only to the extent of such conflict or inconsistency. (Ord. 3156 § 1, 2005)
8-20-020 Applicability.
This chapter applies to applications for site location approval for new pollution control facilities (as defined by Section 3.32 of the Act and herein). To the extent a facility described in an application proposes to manage material which is not “waste” (as defined by Section 3.535 of the Act), or proposes to conduct an activity which is not within the definition of a pollution control facility (as defined by Section 3.330 of the Act and herein), or proposes to conduct an activity which does not require a permit from the Illinois Environmental Protection Agency (“IEPA”), this chapter does not apply. (Ord. 3156 § 2, 2005)
8-20-030 Definitions.
The definitions under the Act, as amended from time to time, apply herein. The following definitions apply regardless of where the defined term appears in this chapter:
“Act” means the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq.
“Agency” means the Illinois Environmental Protection Agency.
“Applicant” means any person, group of persons, partnership, firm, association, corporation, company or organization of any kind that files an application for local siting approval for a new pollution control facility as defined in the Act pursuant to this chapter.
“Application” means the document(s) filed by the applicant requesting local siting approval for a facility.
“City” means city of Harvey, Illinois, an Illinois Home Rule Municipal Corporation.
“Clerk” means the city clerk of the city of Harvey, Illinois.
“Facility” means a pollution control facility as defined in the Act.
“Hearing officer” means the attorney or other individual appointed by the mayor of the city to preside over the public hearing(s) associated with a siting application.
“IEPA” means the Illinois Environmental Protection Agency.
“Municipal waste” means garbage, general household and commercial waste, industrial lunchroom or office waste, landscape waste, and construction or demolition debris.
“Transfer station” means a site or facility that accepts waste for temporary storage or consolidation, and further transfers to a waste disposal, treatment or storage facility, as defined in Section 3.83 of the Act (415 ILCS 5/3.83). (Ord. 3156 § 3, 2005)
8-20-040 Notice requirement.
No later than fourteen (14) days prior to submittal of an application for site location approval, applicant shall cause notice of intent to submit such an application to all owners of property within two hundred fifty (250) feet in each direction of the lot line of the subject premises, and to all members of the General Assembly from the legislative district in which the site is located. Notification must be in conformance with the provisions of Section 39.2 of the Act.
Such notice shall state the name and address of the applicant, the location of the proposed facility, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for siting approval will be submitted, and a description of the right of persons to comment on such request. Proof of compliance with the above-stated notification requirements must be submitted with the application. (Ord. 3156 § 4, 2005)
8-20-050 Application.
A. The application shall be admitted into evidence and it shall address each of the criteria’s of Section 39.2 of the Act including the following:
1. The facility is necessary to accommodate the waste needs of the area it is intended to serve;
2. The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
3. The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
4. a. For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the one hundred (100) year flood-plain or the site is flood-proofed,
b. For a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the one hundred (100) year floodplain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a, the site is flood-proofed;
5. The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
6. The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows;
7. If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release;
8. If the facility is to be located in a county where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; accordingly, the proposed facility must be consistent with the Cook County solid waste management plan; and
9. If the facility will be located within a regulated recharge area, any applicable requirements specified by the board for such areas have been met. (Ord. 3156 § 5, 2005)
8-20-060 Filings by the applicant.
A. The applicant, for site location approval, shall file fifteen (15) copies of the application, including five full-sized copies of exhibits and ten reduced copies of all exhibits, with the city clerk.
B. The clerk, upon receiving said application, shall do the following:
1. Accept for filing, and promptly date stamp as filed, any application that is tendered for filing. The date on the date stamp of the clerk shall be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the Act or this chapter.
2. Upon the filing of an application, the clerk shall immediately distribute copies of the application to each member of the city council then holding office, a copy to the mayor of the city, a copy to the city manager and a copy to the corporation council.
3. The clerk shall make available a copy of the application and public record concerning the application for public inspection during the normal business hours of the clerk’s office. Additionally, the clerk shall provide to any person so requesting, copies of the application or the public record, upon such person’s payment of the actual cost of reproduction. (Ord. 3156 § 6, 2005)
8-20-070 Participants.
A. The applicant is a participant.
B. The city, by and through its staff is a participant. To the extent the city employees and staff wish to participate in the public hearings outside of their roles or employment with the city, they must submit an appearance and proceed as do other members of the public.
C. Any person other than described in subsection A or B above may appear as a participant. Such person must file a written appearance with the clerk ten business days prior to the date scheduled for commencement of the hearing on the application. Such appearance shall state, at a minimum, the name, address, and daytime phone and facsimile numbers of the person filing the appearance and whether that participant will provide oral testimony or introduce other evidence during the public hearing. Such person may appear pro se or be represented by an attorney during the public hearings.
D. Any person, legal entity or any informal group or association may be represented by an attorney. An appearance as required in subsection C above must be filed. Such an appearance must include the name and address of the participant as well as the name, address, phone and facsimile numbers of the attorney. The appearance must further state whether the attorney will present any oral testimony or other evidence during the hearing.
E. Participants have the right to present sworn testimony, other evidence and, subject to the discretion of the hearing officer, cross-examine witnesses as otherwise provided in this chapter.
F. Any attorney representing a participant must be licensed and in good standing to practice law in the state of Illinois, or if licensed and in good standing to practice law in another state that is part of the United States, shall be allowed to serve as an attorney for a participant upon motion being made to and granted by the hearing officer.
G. A person may not become a participant without first having timely filed a complete appearance as provided herein. Consistent with the principles of fundamental fairness, for good cause shown the hearing officer may exercise discretion to allow persons to become a late participant. Except in the sound discretion of the hearing officer, no late participant shall be entitled to present oral testimony or introduce other evidence at the hearing, and may not cross-examine a witness who has previously testified.
H. Any person may provide unworn public comment during the hearing subject to the hearing officer’s discretion and consistent with fundamental fairness. (Ord. 3156 § 7, 2005)
8-20-080 Filings by other than the applicant.
A. Three copies of all reports, studies, exhibits or other evidence, other than oral testimony, which any person other than the city and applicant desires to submit for the record to be used at the public hearing, along with a list identifying the witnesses to be called to testify at the public hearing, must be filed with the city clerk no later than ten business days before the public hearing commences.
B. Three copies of all reports, studies, exhibits or other evidence, other than oral testimony, which the city, the consultants, if any, any city department and any participant desires to submit for the record to be used at the public hearing, along with a list identifying the witnesses to be called to testify at the public hearing and a brief summary of the proposed testimony of each witness and a brief summary of the proposed testimony of each witness, must be filed with the city clerk no later than ten business days before the public hearing commences. (Ord. 3156 § 8, 2005)
8-20-090 The city clerk.
A. All documents filed prior or after the hearings must be filed with the city clerk with copies being promptly provided by facsimile and U.S. mail to the hearing officer, the corporation council, the applicant and any then known participant. If the applicant or participant is represented by an attorney, such documents shall be directed to the attorney. The hearing officer may accept documents for filing during the hearing.
B. If any filing date set by this chapter falls on a day the city clerk’s office is not open, all such filings must be made on the next day the city clerk’s office is open for regularly scheduled business hours. However, the service of such documents upon those listed above shall not be delayed.
C. Upon receipt by the city clerk, any filings related to a pending application for site location approval shall be promptly date stamped. The city clerk shall also provide copies of such filings or other submittals to the hearing officer, the applicant and the corporation council or to their respective attorneys.
D. The application as well as all filings and submittals shall be available for public inspection at the office of the city clerk during regular business hours. Such documents or any part thereof shall be available for copying upon payment of the actual cost of reproduction. The city clerk shall fill such requests within a reasonable time.
E. Subsequent to the filing of the application, the city clerk shall require each person seeking to view, copy or file documents related in any way to such application to sign a log stating the date of the request, the nature of the request (i.e., view, copy, file or other, and identifying the “other”), and such person’s name, telephone number, facsimile number and address. (Ord. 3156 § 9, 2005)
8-20-100 Hearing procedures.
A. Prior to the date of the first public hearing, the mayor may appoint a hearing officer for the public hearing on the application. The hearing officer shall be an attorney, licensed to practice in Illinois. The hearing officer shall preside over the public hearing, and shall make decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to this section and the law concerning such applications. The hearing officer shall make all rulings in accordance with fundamental fairness and statutory and constitutional requirements. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious testimony. All testimony and all public meetings concerning the application shall be in the presence of a certified court reporter who shall report all proceedings regarding consideration of the application. The hearing officer shall have the following powers or duties:
1. Administer oaths and affirmations;
2. Hold a pre-hearing conference, not less than five business days prior to the date established for commencement of the hearing. At that time, the applicant, the city and any other participants of record shall participate. The purpose of the pre-conference hearing shall include (but not necessarily be limited to) the following: (1) determination of the criterion which will be placed in issue by any of the parties to the hearing; (2) to the extent necessary and practicable, address any pre-hearing issues which may have arisen; and (3) address any pre-hearing motion which has been filed or any motions which will be presented on the first day of the hearing prior to the commencement of evidentiary testimony;
3. Regulate the course of the hearing including, but not limited to, controlling the order of proceedings, consistent with this chapter;
4. Require a witness or person presenting unsworn public comment to state his or her position either for, against or undecided with respect to the proposed facility;
5. Examine a witness and direct a witness to testify;
6. Establish reasonable limits on the duration of public hearing consistent with the Act and this chapter, including, but not limited to, the reasonable limitation of sworn testimony, unsworn public comment, direct and cross-examination of any witnesses, and the limitation of repetitive or cumulative testimony and questioning;
7. Rule upon objections and evidentiary questions, with the understanding that such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or any local rules of evidence governing a civil judicial trial in the state of Illinois, County of Cook;
8. The applicant and the city’s counsel shall be allowed to cross-examine witnesses as of right, subject to such reasonable limitation as may be set by the hearing officer. Other participants represented by attorneys may be allowed to cross-examine in the discretion of the hearing officer;
9. The hearing officer shall have, consistent with fundamental fairness, have the discretion to reasonably limit cross-examination. The hearing officer may require the pro se participants to submit questions to the hearing officer who may ask the question, rephrasing, modifying or otherwise changing the question as reasonably necessary. The hearing officer may refuse to ask any question consistent with the principles of fundamental fairness;
10. Allow the introduction of late-filed evidence, be it written or testimonial, on behalf of any participant, provided good cause is shown for the late-filing, and the evidence is relevant and not unduly prejudicial to the applicant or to another participant so that fundamental fairness to all parties is preserved;
11. Exercise discretion to allow public comment at each hearing or may set one time for public comment;
12. At the conclusion of the public hearing and after consideration of all public comments, the hearing officer shall submit written findings of fact and conclusions of law to the city council, and file a copy of such findings with the city clerk;
13. Prepare the record for appeal with the assistance of the city clerk.
B. The mayor may remove and/or replace the hearing officer at will. If the hearing officer is replaced, a new hearing officer shall be appointed. In the interim, the hearing may be adjourned or continued, with the mayor or a trustee as presiding officer.
C. Within thirty (30) days of the filing of the application, the city council shall, by resolution, schedule a public hearing on the application and shall notify the applicant and the applicant’s attorney by telefax and certified mail, return receipt requested of the date, time and location of the public hearing.
D. Within thirty-five (35) days of the receipt of the application, the city clerk shall notify the applicant, in writing, of scheduled public hearing date(s), location and time. Upon such determination of the hearing date, time and location, the mayor or, if he or she designates, the hearing officer, shall notify the city clerk of the date upon which such hearing shall be held and shall request the applicant to cause notice of such hearing to be made as required by the Act.
E. The applicant shall retain, at the applicant’s cost, a qualified court reporter to transcribe the public hearing.
F. No sooner than ninety (90) days, but no longer than one hundred twenty (120) days, from the date of receipt of the application, a public hearing shall commence.
G. At any time prior to completion by the applicant of the presentation of the applicant’s factual evidence and an opportunity for cross-examination by the city and any participant, in accordance with the provisions of this chapter, the applicant may file not more than one amended application. In such a case, the time limitation for final action set forth in the Environmental Protection Act, 415 ILCS 5/39.2(e), as amended, shall be extended for an additional period of ninety (90) days. The hearing officer shall, in the hearing officer’s discretion and to the extent reasonably practicable, permit the city, the applicant and any other formal participant (party) to file Proposed Findings of Fact and Conclusion of Law.
H. Members of the public who participate in public comment shall submit any exhibits to the city clerk they expect to use prior to the time designated for the public to speak. At least three copies of all such exhibits shall be submitted. The applicant shall promptly be provided with one of the three copies.
I. Any additional exhibits used by the applicant that in any way materially changes the proposed design, location and/or operation of the facility shall be considered an amendment to the application, and all sections of this chapter pertaining to amendments shall take effect. (Ord. 3156 § 10, 2005)
8-20-110 Record of proceedings.
A. The city clerk shall receive all filings related to the hearings under this chapter and, in cooperation with the hearing officer, shall collect and maintain the record of proceedings. The record of proceedings shall include the following documents:
1. The original application and any amendments filed with the city clerk;
2. All written comments filed with the city clerk within the required time frame;
3. All appearances, lists of witnesses, and other documents required to be filed with the city clerk;
4. All exhibits entered into evidence at the time of the public hearings;
5. All transcripts of testimony during the public hearing;
6. Any motions filed during the course of, or prior to, the public hearing;
7. The hearing officer’s written findings to the city council;
8. The resolutions scheduling the public hearing and containing the final decision of the city council on the petition;
9. Such other documents reasonably deemed by the hearing officer to be necessary.
B. The city clerk shall be responsible for certifying all copies of the public record.
C. Although late-filed public comments are not part of the public record pursuant to this chapter, they shall be retained by the city clerk with any evidence of its date of filing, such as the city clerk’s date stamp copy or the postmark, if the written comment was mailed. (Ord. 3156 § 11, 2005)
8-20-120 Decision by the city.
A. The city council shall make a decision based upon the record from the public hearing and review of the findings and recommendations. The decision of the city council shall be by duly adopted resolution, in writing, specifying the reasons for the decision, such reasons to be in conformity with Section 39.2(a) of the Act. In granting site location approval, the city council may impose such conditions as may be reasonable and necessary to accomplish the purposes of the Act. Such decision shall be available for public inspection at the office of the city clerk, and may be copied upon payment of the actual cost of reproduction. if there is no final action by the city council within one hundred eighty (180) days (or two hundred seventy (270) days if an amended application has been filed) after the filing of the application for site location approval, the applicant may deem the application approved.
B. Within seven days after the city council approves or denies the application, the decision, and basis for the decision, shall be provided to the applicant in writing, and shall be further forwarded to the agency by the city clerk.
C. An applicant may not file an application for site location approval which is substantially the same as a request which was disapproved, pursuant to a finding against the applicant under any criteria of Section 39.2(a) of the Act, within two years of the time of the disapproval. (Ord. 3156 § 12, 2005)
8-20-130 Reimbursement of city expenses.
Subsequent to the hearing and within thirty (30) days following the city council’s ruling on the application, the clerk shall bill the applicant the reasonable fees for the hearing officer and court reporter. (Ord. 3156 § 13, 2005)