Chapter 15.80
POLLUTION CONTROL FACILITY SITE APPROVAL
Sections:
15.80.020 Applicability of this chapter.
15.80.030 Filing and availability of request.
15.80.040 Form and contents of a request.
15.80.050 Village review and participation.
15.80.080 Written public comment.
15.80.110 Payment and administration of costs.
15.80.130 Post-decision modification of conditions.
15.80.140 Enforcement of conditions.
15.80.010 Definitions.
A. “Act” is the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq., as amended.
B. “Applicant” is the person, firm, partnership, association, corporation or organization of any kind which proposes to own or operate a new pollution control facility, and which files a request for site location approval pursuant to this chapter.
C. “Village” is the village of Riverdale, Illinois.
D. “Board” or “board of trustees” is the governing body of the village.
E. “Clerk” is the clerk of the village.
F. “Department” shall mean each of the following described offices or departments of the village:
1. Department of public works;
2. Fire department;
3. Department of economic development;
4. Police department;
5. Water department.
G. “Financial officer” is the village manager of the village.
H. “Mayor” is the mayor of the village.
I. “Pollution control facility” is any facility or site so defined by the Act. Generally, such includes a facility, or portion thereof, providing for storage, transfer, treatment, incineration or disposal of waste, including sewers, sewage treatment plants and any other facilities owned or operated by sanitary districts. For purposes of this chapter, a “new pollution control facility” is any facility so defined by the Act.
J. “Request” shall mean a written request for approval of the location, within the village, of a new pollution control facility under the provisions of Sections 39(c) and 39.2 of the Act and this chapter.
K. “Solid waste management facility” is a facility or site used for the management of waste generated by persons in addition to the owner or operator of the facility or site, and specifically includes a facility or site for recycling, reclamation or reuse of waste or a recycling center. Whether a facility or site is required to obtain a construction or operation permit from the Illinois Environmental Protection Agency is not determinative whether it is a solid waste management facility.
In addition, all other words used in this chapter and defined in the Act shall have the same definitions and meanings as found in the Act. (Ord. 99-62, 1999)
15.80.020 Applicability of this chapter.
A. This chapter and its procedures are applicable to a request with respect to a new pollution control facility for which, and to the extent that, site location approval is required by the Act.
B. To the extent that a facility, described in a request, proposes to manage a material which is not a waste, or proposes to conduct an activity which is excluded from the definition of pollution control facility, or is excluded from the Act’s site location approval process, or is excluded from the obligation to obtain a permit from the Agency, this chapter does not govern locational or land use approval. The authorization to receive or manage materials, including waste, or to conduct activities, which are not subject to site location approval under the Act, shall be determined under the village’s applicable ordinances, including those related to zoning or special use and those establishing building or environmental requirements.
C. In reaching its decisions under the Act and this chapter, including the establishment of conditions, the board may consider all information relevant to the design, location and operation of a proposed site and facility. This includes information concerning any materials to be managed, and any activities to be conducted at the facility and site. (Ord. 99-62, 1999)
15.80.030 Filing and availability of request.
A. Filing.
1. A request shall be filed with the clerk, in the form and number prescribed by the Act and this chapter. The clerk shall date stamp the request when it is received, and that date shall be considered the official filing date for all time limit purposes. Receipt and acceptance of the request is pro forma, and does not constitute an acknowledgement that the Act or this chapter have been compiled with or that any statutory siting criterion has been established.
2. At least one copy of the request shall be submitted in a form that is readily reproducible by common photography methodology (the “reproduction copy”). The reproduction copy shall include photographs, mylars, or other readily reproducible accurate and legible portrayals of all exhibits, models, charts, maps, drawings, or other items submitted which are not on standard or legal size paper.
3. A request may not be filed which is substantially the same as a request which was disapproved pursuant to a finding against the applicant under any of criteria 1 through 9 of RMC 15.80.100(B) within the preceding two years. For purposes of this prohibition, the applicant shall be considered the owner or operator of the facility designated in the request.
B. Amended Requests. At any time prior to the completion by the applicant of the presentation of its factual evidence and an opportunity for cross-questioning by the board and any participants, the applicant may file not more than one amended request, upon payment of an additional cost deposit as prescribed in RMC 15.80.110(B). Provided, in the event such an amended request is filed, the time limitation for final action by the board shall be extended to that date two hundred seventy days after filing of the original request.
C. Withdrawal of Request.
1. The applicant may voluntarily withdraw its request, by written notice to the clerk, hearing officer and any then enrolled participant, at any time prior to the commencement of applicant’s case at the public hearing.
2. After commencement of applicant’s case, but prior to issuance of the board’s decision on the request, applicant may withdraw its request, but only on terms fixed by the board, upon filing a stipulation to that effect signed by each participant, or on motion specifying the ground for withdrawal, which shall be supported by affidavit or other proof. In this circumstance, the board may, among other things, condition the withdrawal upon applicant’s stipulation that the board may disapprove the request pursuant to a finding against applicant as to one or more of the criteria at RMC 15.80.100(B).
D. Availability of Request for Inspection. A copy of the request shall be made available for public inspection in the office of the clerk during normal business hours and any person shall be allowed to obtain a copy of the request or any of it upon payment of the actual cost of reproduction. (Ord. 99-62, 1999)
15.80.040 Form and contents of a request.
A. Contents of Request. The determination of the quality and quantity of information to be included in a request is, ultimately, the applicant’s to make, as it is the applicant’s burden to demonstrate that the state siting criteria are met. However, for purposes of this chapter, a request shall contain, at a minimum, the following documents or information:
1. Identification of Owner and Operator.
a. Identification of the applicant and each of its owners, all subsidiaries of the applicant, the ultimate parent of the applicant, all intermediate owners between applicant and its ultimate parent, and those subsidiaries of the applicant’s parent operating within the United States, indicating the full legal name and business form of each person or entity, the date and state of its creation, its headquarters office address, and its Federal Employer Identification Number;
b. If the proposed operator of the facility is not the applicant, identification, as respects the operator, of the same information required from the applicant;
c. Identification of the name, current address and interest held by each owner and occupier of the proposed site, including each person who is a contract-purchaser of the site, each lessee, and each person holding a current option to purchase or lease an interest in such site;
d. If an identified person is an entity other than a natural person, identification shall also include the full legal name and business form of such entity, the date and state of its creation, its principal address, and the name, current address, and nature of interest held by each person owning five percent or more of the equity in the entity.
2. Identification of the Site.
a. The legal description and a survey of the proposed site, a street address or some other reasonable description of where the proposed site is located, and designation on the survey of the various parcels which constitute the proposed site (if there are more than one parcel in the legal description).
b. A large area plan or map, to scale, showing details of the proposed site and facility and that area within one mile of the site property lines, including, but not limited to:
i. Zoning or land use classifications;
ii. Buildings and other structures;
iii. Roads, entrances and driveways;
iv. Existing surface waters, springs and wetlands; and
v. Railroad or like tracks and crossings.
c. A small area plan or map, to scale, showing details of the proposed site and facility and that area within fifteen hundred feet of the site property lines, including those details described in subsection (A)(2)(b) of this section and, in addition:
i. Cross-sections;
ii. Topography;
iii. Particular land use;
iv. Existing and proposed underground or above ground storage tanks indicating which are known to be out of operation or abandoned;
v. Existing and proposed groundwater wells;
vi. Existing or proposed surface water, groundwater or gas monitoring wells or stations;
vii. If applicable, the boundary of the one-hundred-year floodplain;
viii. Fences;
ix. Historic, architectural or archaeological resources identified by the Illinois Historic Preservation Agency;
x. Threatened or endangered species habitats;
xi. Parklands or nature preserves.
d. A site plan, to scale, showing details of the proposed site and facility and that area within four hundred feet of the site property lines, including those details described in subsections (A)(2)(b) and (c) of this section and, in addition:
i. Property lines of neighboring parcels;
ii. Owners of neighboring parcels to whom notices were provided under 415 ILCS 5/39.2(b);
iii. Uses of structures shown;
iv. Past soil core sample locations;
v. Existing and proposed utility lines including sanitary and storm sewer, gas, electric, telephone and cable lines, indicating which are above ground and which are below ground;
vi. Drain tiles and surface water drainage ways; and
vii. Boundaries of prior waste disposal areas and any areas of soil or groundwater contamination.
e. A Phase I Environmental Audit within the meaning of 415 ILCS 5/22.2(j)(6)(E)(v), or information concerning the proposed site which would be required to be in such an audit.
f. A description of the geologic and hydrogeologic character of the site, including, at least, a summary of all known sampling events and the analytical data obtained, within the past twenty years, concerning the characteristics and quality of soils, ground water and surface on and under the site.
g. If the proposed facility will dispose of waste (other than by incineration) or will store collective quantities of liquid waste greater than ten thousand gallons in tanks or impoundments, a description of the depth, areal extent and direction of flow of ground water present in the first fifty feet below the site.
h. A copy of any report of an environmental investigation of soils, surface water or groundwater on or under the site or, for any known investigation for which the applicant has no report, details concerning such investigation, including when it was conducted, by whom and what environmental media were investigated.
3. Identification of the Waste Management Activities of the Proposed Facility.
a. A description of the proposed facility, its operation and expected longevity, including identification of those aspects of the facility or its operation, if any, which the applicant claims are not subject to the requirement for site location approval under the Act;
b. A description of the proposed types of wastes to be received at the facility, at various times during its projected life, and identification of those wastes, if any, which applicant claims are not subject to the requirement for site location approval under the Act; and
c. For each type of waste, a description of:
i. The maximum daily and annual receipt and throughput;
ii. The proposed management methods to be applied; and
iii. The expected types of sources for such waste within the area to be served.
d. For each type of proposed management method to be applied, a description of the wastes, if any, expected to be generated by that management method, including:
i. The anticipated average daily and annual volume of each such secondary or by-product waste;
ii. The anticipated regulatory classification of such secondary or by-product waste;
iii. The proposed method, location and expected average storage time of any on-site storage of such secondary or by-product wastes; and
iv. The proposed method and location of its ultimate management.
4. The Area to Be Served and Its Waste Management Needs.
a. A description and map of the area intended to be served by the proposed facility and a statement of that area’s current and projected waste management needs, as they relate to the proposed facility; and
b. A list of the existing and not-existing-but-permitted-for-development pollution control facilities and other solid waste management facilities located within or serving or reasonably capable of serving the waste management needs of the area proposed to be served and, with respect to each such facility, to the area proposed to be served and, with respect to each such facility, to the extent such is reasonably available, the following information shall be provided: Illinois EPA facility number, location, acreage, owner and operator, type of facility, probable life of the proposed facility, publicly announced or filed facility expansions or closures, generic types of wastes received and authorized to be received, types of waste management activities conducted, capacity to manage the wastes described and current usage of that capacity, and the geographical area whose waste management needs that facility is intended to serve. For purposes of the request, but without foreclosing the applicant’s ability to establish that a different area is more appropriate, the applicant shall include in its list all facilities located within that distance from the facility which equals the most distant boundary of the proposed service area from the facility. (By way of example, if the applicant’s facility is fifteen miles from the most distant boundary of its proposed service area, the list of other facilities shall include all within a fifteen-mile radius of applicant’s facility.)
5. Design of the proposed facility, with a description of the those types and locations of hazards to public health, safety or welfare which were foreseen and considered by the applicant in the development of the design, and indicating how the design addresses and eliminates or minimizes such hazards. The design information shall include, but not be limited to, the following:
a. Physical structures and layout, indicating views of all elevations;
b. Stationary equipment or machinery to be used in the management of waste, including tanks or other vessels, and their piping;
c. Heating, ventilation and air-conditioning systems;
d. Electrical power needs and availability;
e. Other utilities;
f. Wastewater pretreatment and treatment systems and sizing;
g. Lighting, interior and exterior;
h. Fire control system;
i. Odor control system;
j. Acoustical controls;
k. Spill control system, including secondary containment;
l. General materials of construction;
m. Physical site security;
n. Facility and site exterior signage;
o. Site entrances and exits;
p. On-site roadways and parking areas;
q. Storm water management, including control of roof and paved area runoff;
r. Paved area drains, sumps or catchments, inside or outside;
s. Surface water and groundwater infiltration detection, control and management materials and systems, for any facility which involves the disposal or impoundment of wastes on land;
t. Liquid exfiltration detection, control and management materials and systems, for any facility which involves the storage of liquids, (including generated leachate), below the ground surface, or the tank storage of ten thousand gallons or more of waste at or above the ground surface; and
u. Gas detection, control, and management systems, if applicable.
6. A statement of the plan of operation for the proposed facility, with a description of those types and locations of potential hazards to public health, safety or welfare which were foreseen and considered by the applicant in the development of the plan of operation, and indicating how the plan addresses and eliminates or minimizes such hazards. The plan of operation shall include, but not be limited to, the following:
a. Hours and days of waste deliveries, and of other facility operations;
b. The numbers, positions, qualifications and responsibilities of planned personnel, indicating which positions are considered minimally necessary for facility operation;
c. Method and area of waste management activities and the anticipated processing times for identifiable operational steps;
d. The types and locations of moveable and moving equipment to be utilized in facility activities;
e. A description of the types and quantities of materials, other than wastes, which are expected to be delivered to or managed at the facility on a frequent or regular basis and whose management or delivery may reasonably be expected to affect the operation of the proposed facility;
f. Identification of prohibited wastes, and the manner of controlling waste receipts to minimize the likelihood of delivery of wastes which the facility does not propose to manage;
g. Fire prevention and response plan;
h. Preventive mechanisms or plans and corrective actions for spills and other operational accidents, including spills and accidents in transit to or from the facility;
i. Internal communications systems;
j. Demonstration of adequate space within which described operations are to occur;
k. Personal training;
l. Facility cleaning and maintenance;
m. Litter, vector, dust, odor, and noise control;
n. For any land disposal facility: sources and stockpiling plan for daily, intermediate and final cover; and gas generation and migration controls, if applicable;
o. Procedures in event of equipment breakdown, malfunction or unavailability;
p. Surface drainage and erosion control;
q. On-site traffic queuing, flow direction and control;
r. If applicable, the stages of facility development or use;
s. A closure plan, including a closure cost estimate and proposed mechanism(s) for assuring financial responsibility for closure;
t. An end use plan; and
u. Certificates (or other documentary proof) verifying the liability insurance policies (or other proof of financial responsibility for liability) to be carried by the applicant to cover occurrences, sudden or nonsudden, arising out of operation of the facility which result in bodily injury, property damage, personal injury or environmental impairment.
7. A statement or report of information regarding existing flow of traffic in the vicinity of the proposed site, and the reasonably anticipated changes in that flow as a result of operation of the proposed facility. The report shall state the average and maximum number and hourly concentration of vehicles anticipated to be delivering or picking up wastes at the proposed facility, including their size, weight and direction and routes of movement; and the report shall describe and evaluate the ability of facility entrances and exits to accommodate the particular vehicles, including reasonably foreseeable emergency vehicles.
8. Information concerning the compatibility of the proposed facility and its use with the character of the surrounding area, and identification of any specific plans and commitments to minimize any incompatibility. Such information shall include:
a. A description of the external materials of construction;
b. An architects’ rendering of the views of the principal structures;
c. A description of any proposed landscaping or facility screening; and
d. A map showing the location of the nearest property occupied as: a residence; hospital; nursing or extended care facility; church; school; library; public park or nature area.
9. Information concerning the reasonably probable effects of the proposal facility and its use on the value of surrounding property, and identification of any specific plans and commitments to minimize such effects.
10. A statement whether the facility intends to receive, or expects to generate, hazardous waste, and, if so, a copy of any emergency response plan for the facility.
11. A statement whether the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act (415 ILCS 10/1, et seq.) or the Solid Waste Planning and Recycling Act (415 ILCS 15/1, et seq.), and, if so, in what respects the proposed facility is consistent and inconsistent with that plan.
12. A statement whether the site is within a regulated recharge area and, if so: what Illinois Pollution Control Board requirements apply to the site and the facility; which of such requirements have and have not been met; and how and when the applicant expects to meet those requirements which have not been met as of the filing of the request.
13. A statement describing the past operating experience of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), with respect to the type of solid waste management facility or solid waste management operations which are the subject of the request, such statement to identify particularly the applicant’s experience at applicant-designated-and-constructed facilities within the six-state area and the applicant’s prior experience with any unusual design or operational features of the proposed facility. The statement shall identify, with particularity, each facility in Illinois for which the applicant was required to obtain site location approval under the Act or under city of Chicago or Cook County ordinances, indicating the governmental body which provided such approval and the date of each approval.
14. A statement of the past record of convictions or admissions of violations of the applicant, (and any subsidiary, parent corporation, or subsidiary of the parent corporation) in the field of solid waste management. The statement shall include, but not be limited to, a citation of the applicable statute or ordinance violated; a brief written summary of the admission or conviction; and the penalty or other sanction imposed. For purposes of this subsection, “the past record” shall include all such convictions and admissions, civil and criminal, foreign, federal, state or local, adjudged, ordered, agreed to or made during that period of time prior to filing which is equal in duration to the anticipated operating life of the facility which is the subject of the request; provided, however, in no event shall “the past record” include less than five years prior to filing.
15. All physical evidence (except oral testimony or written witness statements) which applicant desires the board to consider at the public hearing including, but not limited to, studies, maps, reports, permits or exhibits.
16. All documents, if any, submitted, as of the filing date, to the Illinois Environmental Protection Agency pertaining to the proposed facility, except trade secrets determined to be such pursuant to Section 7.1 of the Act and implementing Illinois Pollution Control Board regulations.
17. Reasons supporting approval of the application.
18. Verified or certified copies of those prefiling notices required by Section 39.2(b) of the Act; provided, that evidence of mail delivery from the U.S. Postal Service may be after-submitted pursuant to subsection (A)(8) of this section.
19. A prayer for site approval.
20. A costs deposit in the form and initial amount prescribed in RMC 15.80.110(A).
B. Request to Be Complete. To give members of the public an opportunity to make informed written comment and to give members of the public and departments an opportunity to prepare adequately and fairly for the public hearing, the applicant must fully comply with all request requirements set forth in subsection A of this section. To facilitate early review and analysis by all parties, it is intended that the applicant provide a full and complete disclosure of its case, except for rebuttal evidence, if any, which applicant may introduce at the public hearing, or written comments which applicant may file pursuant to 415 ILCS 5/39.2(c). Evidence unavailable at filing must be described with reasonable particularity in the request and must be filed not less than thirty days before the first day of hearing.
C. Assumptions and Primary Information Sources. The request shall clearly state those factual or operating assumptions upon which factual conclusions are based, or it shall identify those persons with knowledge of such assumptions and commit to present those persons as witnesses during the hearing. Further, to enable full evaluation of the request and informed public comment, the request must either contain, or provide citation to, the sources of primary information or data relied upon by the applicant. Citations to documents shall provide such information as will reasonably enable a member of the public to locate and obtain a copy of such document. Failure to comply timely with such requirements may, in the discretion of the board, and, as necessary to avoid fundamental unfairness to the village and the public, render unsupported or unreferenced information inadmissible at the public hearing or entitled to less weight or credibility.
D. Form and Number. Unless otherwise authorized by the board pursuant to RMC 15.80.120(B), a minimum of twenty-five complete copies of a request, including copies of all site plans, exhibits, and maps, shall be filed. A request shall be bound in sturdy three ring binders or their equivalent, with pages and exhibits consecutively numbered. Request pages shall be on eight-and-one-half-inch by eleven-inch paper. All pages and documents shall be legible. (Ord. 99-62, 1999)
15.80.050 Village review and participation.
A. Village Representative Appointment. After receiving notice of the filing of a request, the mayor, with the advice and consent of the board, shall appoint a village representative to be responsible for the investigation, discovery, review, analysis, and presentation or challenge at the public hearing of information, including information contained in the request, relevant to those criteria to be considered by the board. The village representative may be a village employee, or a lawyer or other consultant retained by the village.
1. The representative shall coordinate the efforts of the departments in the review and analysis of the request and is authorized to retain outside consultants or experts, with the approval of the board.
2. The representative is authorized, but not required, to present testimony or exhibits at the public hearing through departments and any consultants or experts retained by the representative.
3. At the conclusion of the public hearing, the representative may submit proposed findings and recommendations to the board, provided such must be submitted during the public comment period.
B. Requests for State Assistance. Within fourteen days of the filing of a request, the clerk or the village representative shall request:
1. The Illinois Department of Public Health to evaluate the public health implications of the proposal facility, pursuant to 415 ILCS 75/6, if the facility is proposed to store, treat or dispose of hazardous waste. The IDPH evaluation shall be delivered to the clerk and shall be made available for public inspection.
2. The Illinois Department of Transportation to perform a traffic impact study of the proposed facility, pursuant to 415 ILCS 5/39.2(l).
C. Hearing Officer Appointment. Within twenty-eight days following the filing of the request, the mayor, with the advice and consent of the board, shall appoint a hearing officer, who shall be an attorney licensed, and in good standing, to practice law in the state.
1. The hearing officer has the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear, complete, and concise record. He or she will have all powers necessary to these ends, including (but not limited to) the authority to do the following:
a. Conduct or arrange such prehearing conferences, meetings, site tours, or question-and-answer sessions as necessary or desirable to ensure the public hearing will be fair, productive, focused, knowledgeable, orderly and efficient. No such session shall be arranged or held except upon prior notice and invitation to all participants in the site location approval process and to the public generally. The hearing officer may exercise the authority on his/her own motion, or any party may move the hearing officer to exercise the authority here given, showing good cause therefor;
b. Arrange for the presence of a certified public stenographer, experienced with environmental or siting hearings, to attend and transcribe the conduct of all meetings and hearings for the record;
c. Regulate the course of the hearing, including, but not limited to, controlling the order of proceedings, consistent with this chapter;
d. Administer oaths and affirmations;
e. Require each witness to state his/her position (pro, con or uncommitted) with respect to the request;
f. Examine witnesses and direct witnesses to testify;
g. Establish reasonable limits on the duration of the testimony and questioning of any witness and limit repetitive or cumulative testimony and questioning;
h. Rule upon objections and evidentiary questions; and
i. Allow the introduction of late-filed reports, studies, exhibits or other nontestimonial evidence, on behalf of the applicant’s or any participant’s case; provided, that the evidence was filed with the clerk at least one day before the public hearing at which it is offered, and fundamental fairness to all parties will be preserved.
2. No ruling of the hearing officer, made during the course of the hearing, shall be appealable to the board.
3. The hearing officer shall, at the conclusion of the hearing and after consideration of all timely post-hearing written comments, prepare a written report to the board, with copies to the clerk and each participant, containing:
a. The hearing officer’s certification that the hearing record prepared by the clerk is complete;
b. Proposed findings of fact and conclusions of law, if pertinent, concerning each of the criteria; and
c. Proposed recommendations concerning a decision on the request and any conditions to be attached to a favorable decision.
D. Duties of Clerk.
1. Distribution of Request. Upon receipt, the clerk shall immediately deliver one copy of the complete request to each member of the board, to the head of each department, to the Cook County board of supervisors, and to the clerk of each municipality entitled to notice of the public hearing pursuant to RMC 15.80.070(C)(5).
2. Hearing and Hearing Record. The clerk, or a designee, shall attend all sessions of the public hearing and shall maintain all exhibits accepted as evidence during the course of the hearing. The clerk shall prepare and maintain the hearing record described at RMC 15.80.090(B) in a current form. Each of the seven subsections of the hearing record shall be separately maintained.
3. Record of Ancillary Proceedings. The clerk shall prepare and maintain the record of ancillary proceedings described at RMC 15.80.090(C) in a current form.
4. Roll of Participants. The clerk shall maintain a current list of the name, address and telephone number of each person who has obtained participant status, and the entity, if any, for which that participant is a representative.
5. Inspections and Photocopying of Documents. Any person may request to inspect or copy any document(s) in the hearing record or record of ancillary proceedings, upon payment or agreement to provide payment of the village’s actual cost of reproduction of such documents. The clerk shall respond to copying requests within a reasonable time. In satisfaction of this obligation, as respects all or any portion of the two records, the clerk may contract for the services of an outside (private) copy service and provide the name and telephone number of that service to any person requesting a copy of all or a portion of the records. Copies shall be provided to the requesting party upon payment of the copy service’s charges as agreed in the contract with the clerk.
6. Hearing Record Preparation. Upon the closure of the hearing, the clerk shall assemble parts one through five of the hearing record. The remaining portions of the record shall be incorporated at the time they are filed with the clerk.
7. Record of Proceedings. The clerk shall be responsible for preparing and certifying all copies of the record of proceedings in any proceeding to review the board’s decision pursuant to 415 ILCS 5/40.1.
E. After a request has been filed, the mayor, members of the board, and any village employee or contractor who may be expected to provide advice to the board concerning the substance of the request shall avoid communications to or from the applicant or any participant concerning the request, except as otherwise provided in this chapter. (Ord. 99-62, 1999)
15.80.060 Participants.
A. The applicant and the village representative shall be participants.
B. Any other person, including a member of the public, intending to participate in the hearing and any prehearing proceedings, may obtain participant status by submitting a written notification of that intent to the clerk before the first day of the public hearing or to the hearing officer prior to the close or adjournment of the first day of hearing. A notification shall state the name, address and daytime telephone number of the participant and whether the participant will be participating on his/her own behalf, or as a representative or spokesperson for some entity or association; if the latter, the correct name and address of the entity or association, and the individual’s relationship to it, shall be disclosed.
C. Participant Rights. A participant has the right to present both testimony and witnesses and to provide oral comment on the suitability of the site location for the proposed use. A participant shall have the right to be represented by an attorney at said public hearing. Participants represented by attorneys shall have the right of reasonable cross examination, subject to the hearing officer’s judgment and consistent with fundamental fairness. Participants not represented by attorneys shall be allowed to submit questions to the hearing officer, who shall exercise discretion in whether and how such questions are to be posed to witnesses.
D. An attorney representing a participant must be licensed and in good standing to practice law in the state, or, if licensed and in good standing to practice law in another jurisdiction within the United States, shall be allowed to serve as attorney for a participant upon motion made to and granted by the hearing officer.
E. Exhibits or Real Evidence. A participant desiring to present exhibits or real evidence at the hearing must file a copy of such with the clerk, and provide notice of such filing to every person then on the roll of participants, not later than five calendar days prior to the first day of hearing.
F. Motions. A participant may file written motions, seeking clarification, implementation or enforcement of this chapter, or seeking specified relief on the basis of an alleged fundamental unfairness in the proceeding conducted under this chapter. Such motions shall be directed to the hearing officer, upon notice to the clerk and all of the persons on the roll of participants. Any fundamental unfairness which has been experienced or witnessed by a participant, if it is the basis for a motion, shall be set forth clearly. The hearing officer shall, by order, determine whether and when a response may be made by other participants. Motions shall be ruled upon promptly. (Ord. 99-62, 1999)
15.80.070 Public hearing.
A. Generally. No sooner than ninety days but no longer than one hundred twenty days from the date of filing of the request, a public hearing shall be held by the board. While it is preferred that all board members attend such hearing, one member of the board shall constitute a quorum for the purpose of holding such a public hearing. A transcript shall be made and retained of all portions of the public hearing. A copy of such transcript shall be available, at the clerk’s office at all reasonable times, for any member of the board to review.
B. Determination of Time and Place of the Public Hearing. Within forty-two days of the date a request is filed, the hearing officer shall determine the date(s), time(s) and location(s) of such public hearing, but in no event shall the public hearing be scheduled sooner than ninety days or later than one hundred and twenty days from the date the request was filed with the clerk.
C. Public Notice of the Public Hearing. The hearing officer shall promptly notify the applicant of the date(s) upon which the hearing shall be held and the applicant shall cause public notice of the hearing to be made as follows:
1. Two published legal notices in a newspaper of general circulation published in Cook County. The first notice shall be published between thirty-five and forty-nine days prior to the first day of hearing and the second such notice shall be published between fourteen and twenty-one days prior to the first day of hearing.
2. Public hearing notice in a newspaper of general circulation in the village, published as a display ad at least once during the period seven to twelve days prior to the first day of the public hearing. This notice is to be published in the main body of the newspaper, and not in the classified advertising or legal notices section. Notice shall consist of all items described in paragraph six below except item 6.c.
3. Certified mail to all members of the general assembly from the district in which the proposal site is located.
4. No later than fourteen days prior to the hearing, delivered by certified mail to all members of the general assembly from the district in which the proposed site is located and to the Illinois Environmental Protection Agency.
5. No later than fourteen days prior to the hearing delivered by certified mail to the Cook County Board in which the proposed site is to be located, and to the governing authority of each municipality contiguous to the proposed site or contiguous to the village.
D. Contents of Notices. The notices shall contain the following:
1. The name and address of the applicant, and whether the applicant is the owner or operator, or both, of the proposed facility.
2. The correct legal name of the owner and operator of the site and in case either is a partnership, trust, or joint venture, the names of the partners (general and limited), beneficiaries or joint ventures.
3. The legal description of the site.
4. The street address of the site, and if there is no street address applicable to the site, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to readers of the notice.
5. The nature and size of the proposed physical development of the site.
6. The nature of the proposed activity for which site location approval is required, and the probable life of the proposed activity.
7. The time(s), date(s) and location(s) of the public hearing.
8. A statement that written comment may be served upon or postmarked to the village at any time not later than thirty days following the last day of hearing.
9. A statement that, for a person to participate in the public hearing, a written notice of intention to participate must be submitted to the clerk prior to the first day of hearing or presented to the hearing officer prior to the close of the first day of hearing.
10. A statement that, except as otherwise allowed by the hearing officer, a copy of all evidence, other than testimony, to be submitted at the public hearing must be filed with the clerk not later than five days before the date of the first public hearing; and, that any written prepared witness statements must be filed with the clerk not later than five days before the date of the public hearing at which such statement is to be offered.
E. Conduct of the public hearing shall be substantially as follows:
1. Call to order.
2. Introduction of members of the board and hearing officer.
3. Recognition of the applicant and identification of the request.
4. Recognition of those persons who have participant status pursuant to RMC 15.80.060. Immediately prior to the close of the first day of the public hearing, the hearing officer shall publicly announce the names of all persons who have obtained participant status, following which announcement the participants roll shall be closed.
5. Recognition of fees, notices, and date of filing of the request.
6. Hearing officer opening remarks and statement of procedures to be followed.
7. The applicant and other participants may make an opening statement.
8. The board shall then hear testimony from the applicant and/or any witnesses the applicant wishes to call. The applicant shall have the burden of going forward with evidence of the suitability of the site location for the proposed use. The evidence introduced by the applicant during its principal case may not exceed the scope of the request, except as necessary to meet testimony or evidence filed with the clerk prior to the first day of public hearing.
9. Upon the close of the applicant’s case, other participants may offer witnesses and evidence. Participants need not be represented by counsel in the presentation of their cases. The village representative shall be the last participant to present witnesses and evidence.
10. After all parties have presented testimony, reasonable rebuttal, surrebuttal, etc., may be allowed at the discretion of the hearing officer.
11. Participants desiring only to present oral comment to the board may offer their comments at the conclusion of the sworn testimony or at such other times during the hearing as the hearing officer shall, in his/her discretion, determine will be promotive of public comment and not fundamentally unfair to the presentation of the applicant’s or any participant’s case. Such comments shall not be under oath and commenters shall not be the subject of cross-examination, except by the hearing officer or members of the board in attendance.
12. Summary oral statements by applicant and other participants, subject to limitations imposed by the hearing officer.
13. Rebuttal oral statement, if any, by the applicant, subject to limitations imposed by the hearing officer.
14. Hearing officer summation of the post-hearing procedures to be followed.
15. Hearing closed.
F. Witnesses and Exhibits. Each witness shall testify under oath. Testimony may include the use of written statements and exhibits. If testimony is by written statement, copies of the statement must be served on the clerk, the applicant and all participants at least five days in advance of testimony at the hearing, and the witness must be the subject of authenticating testimony being given. Any written statement must be the subject of authenticating testimony at the hearing, and the witness must be available for cross-questioning. Exhibits or real evidence shall be made available as required in RMC 15.80.040(B), 15.80.050(C)(1)(h) or 15.80.060(E). Each witness shall be subject to reasonable questioning as follows: direct, cross questioning, redirect, recross, etc.
G. Should any issues, facts, data, or other evidence arise during the course of the public hearing which were not apparent to or reasonably foreseeable by a participant on the basis of the request as filed with the clerk, the hearing officer may, upon his/her motion or the motion of a participant, grant a recess in the public hearing for a period not to exceed seven days.
H. Disclosure of a Host Agreement. If, at any time prior to the board’s decision, a written or oral host agreement is entered into between the village and the applicant, the complete agreement shall be filed with the clerk on the date that the agreement is entered into, and made a part of the hearing record. The terms and conditions of an oral agreement shall be set forth in a written summary, jointly prepared and filed by the village and the applicant. Notice of such filing shall be provided to all then enrolled participants. (Ord. 99-62, 1999)
15.80.080 Written public comment.
A. Any person may file written comment concerning the appropriateness of the proposed site for the purpose identified by applicant. The clerk shall, at any time after receipt of a request, accept such written comment. Upon receipt the clerk shall date stamp the comment, and shall file it (and the postmarked envelope, in any, in which the comment is received) in the record of proceedings.
B. Copies of such written comments shall be made available for inspection in the offices of the clerk, and any person shall be allowed to obtain a copy of a written comment upon payment of the actual cost of reproduction.
C. Any written comment received by the clerk or postmarked not later than thirty days after the date of the last public hearing shall be made part of the record of the public hearing as hereinafter described and the board shall consider any such timely written comments in making its final decision concerning the request. In the event that the thirtieth day falls on a Saturday, Sunday, or a federal holiday, the next day on which mail is delivered shall be considered the thirtieth day for purposes of this subsection.
D. If any person, including the applicant and other participants, shall desire to submit post-hearing proposed findings, conclusions, recommendations or conditions to the board, such shall be done as, and within the period for, written public comment. (Ord. 99-62, 1999)
15.80.090 Record.
A. The clerk shall be responsible for keeping the record of the hearing and of ancillary proceedings.
B. The hearing record shall consist of the following:
1. The request as described in RMC 15.80.040(A).
2. Proof of the hearing notices as described in RMC 15.80.070(C).
3. Written comments filed by the public and received by the clerk or postmarked within thirty days of the close of the hearing.
4. The transcript of the public hearing.
5. All reports, studies, exhibits or documents received into evidence at the public hearing.
6. An IDPH evaluation of the public health implications of the facility, if requested pursuant to RMC 15.80.050(B)(1).
7. Any host agreement filed with clerk prior to the decision of the board, if not included in one of the preceding categories.
8. The hearing officer report to the board, as provided in RMC 15.80.050(C)(3).
9. The resolution containing the final decision of the board.
C. The record of ancillary proceedings shall consist of:
1. Participant Notices. All notices of intent to participate that are submitted to the clerk or hearing officer pursuant to RMC 15.80.060(B);
2. Orders. All written orders of the hearing officer or the board not contained in the transcript of the hearing;
3. Motions. All written motions, and any related memoranda, directed to the hearing officer or board, and all written responses to such by participants or others, which are not contained in the transcript of the hearing; and
4. Prefiled Evidence. All evidentiary material submitted by the applicant or a participant pursuant to RMC 15.80.060(E).
D. After each day of the public hearing and until the board renders its decision, the hearing records shall be made available to each board member. (Ord. 99-62, 1999)
15.80.100 Decision.
A. The board shall, by written resolution, upon the vote of a majority of its members, decide whether to:
1. Grant the request, without any conditions; or
2. Grant the request, but with conditions on such approval; or
3. Deny the request.
B. The board shall state in its decision its finding whether the applicant has established, and whether the hearing record supports the establishment of, each of the following criteria:
1. The facility is necessary to accommodate the waste needs of the area it is intended to serve;
2. The facility is so designated, 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. For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the one-hundred-year floodplain or the site is floodproofed; or for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the one-hundred-year floodplain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a of the Act (415 ILCS 5/22.19a), the site is floodproofed;
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 Cook 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; and
9. If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board for such area have been met.
C. The board may consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation) in the field of solid waste management when considering criteria (B)(2) and (5) under this section.
D. The board may consider as evidence an IDPH evaluation of the public health implications of the proposed facility, which was requested by the village pursuant to RMC 15.80.050(B)(1). Provided, if the evaluation was not received by the village until after the last date of the public hearing, the board may consider the evaluation only if it first expressly finds that the delay in transmission of the evaluation has not resulted in material prejudice to the applicant or the public.
E. The board shall consider the hearing record and shall make its final written decision concerning a request: within one hundred eighty days from the filing of the request; or within two hundred seventy days, from the filing of an original request, with respect to an amended request filed pursuant to RMC 15.80.030(B). Reasons for the decision shall be specified, addressing each of the criteria above. The board may conditionally approve any request for site approval provided such conditions are reasonable, necessary to accomplish the purposes of Section 39.2 of the Act, and are not inconsistent with regulations promulgated by the Illinois Pollution Control Board. Any decision by the board shall be supported by those portions of the record identified in RMC 15.80.090(B)(1) through (6).
F. The decision of the board shall be attested by the clerk.
G. No written determination by the board of a site approval request may be reconsidered.
H. The village attorney may assist the board in the development and drafting of the final decision document; provided, that the decision, and reasons in support of it, are those of the board. (Ord. 99-62, 1999)
15.80.110 Payment and administration of costs.
A. Initial Costs Deposit. At the time of filing a request, the applicant shall submit to the clerk a costs deposit to defray the reasonable and necessary costs of processing and responding to the request, including, but not limited to, the costs of: site and facility inspections, staff review time, expert witnesses, scientific testing, records investigations, data searches, notices, court reporters, hearing transcripts, attorneys and other consultants, the hearing officer, and responding to any petition for review of, or appeal from, the board’s decision. The initial costs deposit shall be the highest applicable amount of the following:
1. The facility is proposed to receive three hundred thousand tons or more of waste per year: one hundred thousand dollars;
2. The facility is proposed to receive at least one hundred thousand tons, but less than three hundred thousand tons, of waste per year: seventy-five thousand dollars.
3. The facility is proposed to receive at least twenty-five thousand tons, but less than one hundred thousand tons, of waste per year: fifty thousand dollars;
4. The facility is proposed to receive hazardous waste or potentially infectious medical waste, in whole or in part: seventy-five thousand dollars;
5. Any other facility: twenty-five thousand dollars.
B. Subsequent Cost Deposits. If, at any time or times prior to the conclusion of the site approval decision process (including all appeals), the village has incurred costs as to reduce the balance of the applicant’s then-existing costs deposit to less than fifteen thousand dollars, the financial officer may give notice to the applicant that additional deposit(s), each not greater that twenty-five thousand dollars, shall be paid to the village. The applicant, within three business days of each such notice, shall pay the amount requested by the financial officer as a supplemental costs deposit. Further, at the time of filing an amended request, pursuant to RMC 15.80.030(B), the applicant shall supplement its then-existing cost deposit balance with an amount sufficient to bring the balance to not less than the initial cost deposit requirement of subsection A of this section. All supplement deposits shall be paid to the village, and delivered to the financial officer.
C. Form of Costs Deposit. The applicant may satisfy its costs deposit obligations through cash, a certified check, or money order (collectively, “cash”), or a combination of cash and an irrevocable letter of credit issued to the village; provided, that the amount of cash balance available to pay village-incurred costs shall never be less than twenty-five thousand dollars. At such time that the cash balance is less than twenty-five thousand dollars, the financial officer shall provide written notice to the applicant, requesting an additional cash deposit. In each event that the cash balance is less than twenty-five thousand dollars, the financial officer shall be authorized to draw down the letter of credit in the amount of twenty-five thousand dollars and place the proceeds in the cash deposit account.
D. Any costs deposit shall be placed in one or more interest-bearing savings or checking accounts in the name of the village, with rights of withdrawal limited to the financial officer. All earnings received shall be credited to the applicant’s cost deposit. Depositories shall be financial institutions with business offices in the village.
E. All expenses incurred by the village in managing or reviewing the request, conducting the public hearing, arriving at its decision, or responding to any post-decision reviews or appeals from the decision, shall be paid from the costs deposits as provided in this chapter. Records of village-incurred expenses, including relevant time records of village employees or consultants, will be submitted to the financial officer, who shall organize the records and prepare and submit periodic reports, to the board, the clerk and the applicant, of invoices to, or expenditures by, the village. Reports shall be made at least twice per month. Not earlier than ten days after the submittal of each such report in the amount of the reported incurred costs. Upon termination of proceedings (including appeals), a final accounting and summary of all authorized expenditures and reimbursements shall be presented to the board by the financial officer.
F. Services of village employees, in the receipt, review, processing of and response to the request shall be charged to the applicant’s costs deposit, initially at a village-wide rate of fifteen dollars per hour. The financial officer shall, within thirty-five days after the filing of the request, determine an alternate hourly rate for the services of village employees, including benefits and retirement. A single village-wide rate, or a departmental, office or individual rate may be determined, in the discretion of the financial officer. The applicant shall be notified of such rate within seven days of its establishment. Services performed by village employees, after the date of notice to the applicant, will be charged at the established alternate rate.
G. Any portion of the deposit that remains unexpended at the conclusion of the site approval decision process (including all appeals) shall be returned to the applicant within a reasonable time. Should there be any additional costs incurred by the village over the amount deposited by the applicant, the applicant shall pay any and all additional costs within a reasonable time of presentment of an invoice by the financial officer.
H. In the event a petition is filed seeking review of the decision of the board, and if the petitioner for such review is exempt from paying the costs of preparing and certifying the record, as provided in Section 39.2(n) of the Act, the costs of such preparation and certification shall be paid from the applicant’s cost deposit.
I. Applicant Challenges to Reasonableness of Costs. Applicant may, within seven days after its receipt of a report under subsection E of this section, deliver to the financial officer a written challenge to the necessity or reasonableness of a cost, or portion of a cost, first set out in that report. Failure to provide timely challenge of a cost shall be considered a waiver of the right to challenge that cost. Following issuance of the board’s decision, the applicant and the village shall in good faith seek to reach agreement concerning the reasonableness of timely challenged costs. If a resolution is not reached within thirty days following the board’s decision, the applicant and the village shall submit the dispute to binding arbitration before a single arbitrator pursuant to governing rules of the American Arbitration Association. The costs of such arbitration shall be paid from the applicant’s cost deposit, subject to the village’s obligation to reimburse the applicant for any arbitration cost which the arbitrator determines was incurred by the village in bad faith. In no event shall applicant be entitled to withhold any portion of an initial or subsequently requested cost deposit because of its challenge to the reasonableness of costs. (Ord. 99-62, 1999)
15.80.120 Waiver of rules.
A. In order to ensure fundamental fairness, compliance with the Act, and to protect the public interest, the board, by majority vote of its members, may waive any of the above rules except RMC 15.80.050(C)(2).
B. A simple majority of the board may, prior to receipt of a particular request hereunder, reduce the number of copies of such request, or particular portions thereof, which must be submitted under RMC 15.80.040(D). Such reductions may be granted upon the written motion of a person who has, pursuant to Section 39.2(b) of the Act (415 ILCS 5/39.2b), filed a notice of intent to submit a request, which notice has also stated the applicant’s intention to move for a copies reduction under this section. Such motion must be filed with the clerk at least five calendar days prior to a regularly scheduled board meeting. The moving party must submit a certified copy of the notice of intent, and demonstrate that: compliance with the copies requirement of RMC 15.80.040(D) will be inordinately expensive, without commensurate benefit to the village and the public; and that the proposed copies reduction will not work any fundamental unfairness on the village or the public, in their ability to review, and prepare for the hearing on, the request. The board shall act upon the motion expeditiously and may act upon the request for copies reduction at its first regular meeting after filing of the motion. (Ord. 99-62, 1999)
15.80.130 Post-decision modification of conditions.
A. Amendment of board siting approval conditions may be sought at the instance of the applicant or a transferee of the siting approval, at any time after the board’s decision has become final and unappealable. Any such request shall be served on the clerk.
B. A request for amendment shall be in writing, addressed to the board and shall set forth concisely the following:
1. Text of the condition sought to be amended;
2. Reasons for the amendment;
3. Text of the revised condition; and
4. Effects of the revision on public health, safety or welfare; and
5. The agreement of the applicant (or transferee) to pay those reasonable and necessary costs, as they are incurred by the village, in the review, consideration, decision and subsequent appellate review, if any, of the decision on the amendment request.
C. The board shall conduct a public hearing on any proposed amendment within forty-two days of receipt of the proposal.
D. The proponent of the amendment shall provide not less than fourteen days’ advance public notice of the hearing in a newspaper of general circulation in the village. Notice shall contain:
1. Name and address of the proponent of the amendment, and the relationship to the applicant;
2. The street address of the site and the nature of the authorized operations at the site;
3. A reasonably concise statement of the action requested from the board and how that change will affect operations at the facility, if allowed;
4. The date, time and place of the public hearing to consider the proposed amendment;
5. A statement that a copy of the requested modification may be obtained from the clerk, upon payment of the reasonable costs of reproduction, and that members of the public are invited to attend the hearing and shall be allowed a reasonable opportunity to state their positions on the proposal.
E. The board, by a majority of its members, shall state its decision on the requested amendment(s) not more than ninety days after filing of the proposal.
F. The board may accept a proposed amendment, with or without conditions, only upon an express finding that the statutory siting criterion(s) to which the original condition related, will still be satisfied with the amendment.
G. The procedures here established are the exclusive procedures for amendment of conditions established in the board’s decision.
H. No amendment may be approved which would enable the conduct of operations which would constitute a new pollution control facility. (Ord. 99-62, 1999)
15.80.140 Enforcement of conditions.
A. Any condition to the grant of a request or to the acceptance of a proposed amendment of a prior condition, unless that condition has been overturned or negated in a proceeding to review the board’s decision, shall be enforceable, at the instance of the village, in an action filed in the circuit court or before the Illinois Pollution Control Board. This provision is not intended to be, and shall not be construed as, waiver of or limitation on the village’s ability otherwise or elsewhere to enforce conditions on its grant of a request or on the acceptance of a proposed amendment.
B. Costs of Enforcement. In the event the applicant (or his transferee) is determined to have violated one or more conditions, the village’s costs of enforcement, including reasonable attorneys’ fees, shall be paid by the applicant.
C. Civil Penalties. The village may seek, in any action it files to enforce conditions, the imposition of civil penalties in those amounts provided for in Title XII of the Act, 415 ILCS 5/42, et seq. (Ord. 99-62, 1999)