Chapter 16.24
REGIONAL POLLUTION CONTROL FACILITIES
Sections:
16.24.040 Submission for the record.
16.24.060 Written public comment.
16.24.080 Site approval decision.
16.24.090 Administration of fees and costs.
16.24.010 Definitions.
A. “Act” is the Illinois Environmental Protection Act (415 ILCS 5).
B. “Board” or “village” is the village board for village of Riverdale consisting of its president and board of trustees.
C. “Applicant” is any person who files a request for site approval pursuant to this chapter.
D. “Clerk” is the clerk of village of Riverdale.
E. “County” is Cook County, Illinois.
F. “Document” is any report, memorandum, analysis, article, test result, chart, photograph, model, exhibit or other material filed or intended evidentiary consideration as part of the record.
G. “Hearing officer” is the person appointed by the board whose function is to attend and officiate over public hearings on requests for site approval, recommend fact findings, and make recommendations regarding approval or denial of the requests for site approval to the village.
H. “IEPA” is the Illinois Environmental Protection Agency.
I. “Meeting” has the meaning set forth at 5 ILCS 120/1.02.
J. “Participant” or “participants” includes the applicant and any person intending to testify, present evidence or cross-examine witnesses at the public hearing, who has duly registered with the clerk or hearing officer in accordance with this chapter on or before the first day of public hearing.
The deeming of a person as a “participant” shall confer on that person only such procedural rights and duties as expressed in this chapter, and shall not confer upon that person any rights not granted by the Act.
K. “Village attorney” is the village of Riverdale village attorney.
L. “Village president” is the village of Riverdale president.
In addition, all other words used in this chapter and defined in the Act shall have the same meaning as in the Act. (Ord. 94-20 § I, 1994)
16.24.020 Application.
A. A minimum of twelve complete copies of requests for site approval, including twelve copies, if any, of site plans, models, charts, exhibits, and maps, shall be filed in the office of the clerk. Upon receipt of any such request for site approval, the clerk shall date-stamp same and immediately deliver one copy to each member of the board, one copy to the office of the village attorney, and otherwise as directed by the village president. The copies of models, oversize charts, and other exhibits not readily reproducible may be in the form of accurate photographs or reduced size copies, on standard or legal size paper.
B. 1. At least one copy of the request for site approval and any other documents filed with the clerk pursuant to any section of this chapter shall be submitted in a form that is readily reproducible by common photocopy methodology (the “reproduction copy”). The reproduction copy shall include photographs, mylars, or other readily reproducible accurate portrayals of all exhibits, models, charts, maps, drawings, or other items submitted which are not on standard or legal size paper.
2. A copy of the request for site approval shall be made available for public inspection in the office of the clerk and members of the public shall be allowed to obtain a copy of all or any part of the request for site approval promptly upon payment of the actual cost of reproduction.
C. In order to be deemed complete, a request for site approval shall include the following:
1. A typewritten or printed petition on eight-and-one-half-inch by eleven-inch paper which sets forth the substance of the applicant’s proposal, including:
a. The identity of the applicant and owner, and if the proposed site is owned in trust, the beneficiaries of the trust;
b. The legal description of the proposed site and a street address or some other reasonable description of where the proposed site is located;
c. A description of the proposed facility, its operation and its expected longevity;
d. The area intended to be served by the proposed facility and a statement of the needs of such area for such a facility;
e. A list of the existing regional pollution control facilities permitted by the Illinois Environmental Protection Agency within an area that is the larger of:
i. The area intended to be served, or
ii. The area within a fifteen-mile radius of the proposed facility.
With respect to each such listed facility, the request shall include the following information: location, size, owner and operator, type of pollution control facility, estimated remaining capacity, and types of wastes received;
f. The expected types, amounts and methods of treatment, or storage, or disposal of all wastes proposed for the proposed facility and the origins of these wastes;
g. A description of the geologic and hydrogeologic character of the site including core samples, and monitoring plans, including any existing or planned background analyses for ground water, surface water and air;
h. Reasons supporting approval of the request, including at a minimum, a description of measures proposed to protect the public health, safety and welfare;
i. A prayer for site approval; and
j. The names, addresses and telephone number of all individuals authorized to represent the applicant in all proceedings by the village, and to receive service of notice, documents, and evidence on the applicant’s behalf.
2. The request for permit made to the IEPA, if any such request has been made, and all other documents submitted to the IEPA pertaining to the proposed facility, except trade secrets as determined under Section 7.1 of the Act.
3. A site plan showing details of the proposed facility including but not limited to:
a. Cross-sections;
b. All existing wells within five hundred feet of the site;
c. All existing monitoring wells;
d. Fences, buildings and other structures;
e. Roads, entrances, and driveways; and
f. Core sample locations on and within two hundred feet of the site.
4. A detailed topographic survey of the subject site and a map of the surrounding area within one thousand feet which indicates land use and, if the property is within the one-hundred-year floodplain the boundary of the one-hundred-year floodplain as determined by the Illinois Department of Transportation.
5. A statement of the plan of operation for the proposed facility, including but not limited to the following:
a. Method of land filling, incineration, resource recovery or other process;
b. Hours of operation;
c. Personnel;
d. Litter, vector, dust, odor, and leachate control;
e. Surface drainage and erosion control;
f. Fire control;
g. Corrective actions for spills and other operational accidents;
h. If applicable, the stages of development or use;
i. An end use plan.
6. A statement or report of traffic information regarding the proposed site and the impact of its operation on existing traffic.
7. All studies, maps, reports, permits or other information prepared and available at the time of filing of the request for site approval which the applicant desires the village to consider at the public hearing.
8. A description of the liability insurance policies carried by the applicant to cover environmental liabilities. If the applicant is partly or entirely self-insured for such liability, a description of the financial resources available in the event of such liability.
9. A signed, written statement by the applicant certifying that the requirements of Section 39.2(b) of the Act have been fully complied with, attaching a copy of the published notice and a list of all property owners notified in person or by registered mail, return receipt requested. In addition to the requirements of Section 39.2(b), the published notice and notice to property owners shall include a statement that the procedures of the village with respect to the request shall be in accordance with this chapter and the Act, and that a copy of the request and information on the public hearing may be obtained from the village clerk.
10. If the site is a proposed hazardous waste facility, a copy of its Resource Conservation and Recovery Act contingency plan.
11. A twenty-thousand-dollar application fee to cover reasonable and necessary costs of the village, including without limitation, notice costs, court reporter costs, transcription costs, consultant costs, hearing officer costs, and other expenses incurred by the village in conducting the review of the request for site approval, the subsequent public hearing, and the site approval decision; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the site approval decision process shall be returned to the applicant. In the event that the initial application fee is eighty percent expended, the applicant shall deposit an additional twenty thousand dollars upon the direction of the village board. Should there be any additional reasonable and necessary costs incurred by the village over the amount paid by the applicant in the application fee, the applicant shall bear any and all such costs. Such additional costs shall be due and payable by thirty days following the date a statement is submitted to the applicant. A late fee of one-and-one-half percent per month shall be added to all overdue amounts.
12. In the event the village must reconsider the facility site approval request due to a court of competent jurisdiction remanding the request back to the village for another hearing on the same site request, then the applicant shall pay a ten thousand dollar fee per day for each day of the remanded hearing process to cover reasonable and necessary costs of the village, including without limitation, notice costs, court reporter costs, transcription costs, consultant costs, hearing officer costs and other expenses incurred by the village in conducting the remand of the hearing for site approval.
The request may contain such additional data and information as the applicant deems appropriate to demonstrate that the request for site approval should be granted.
D. No application for site approval shall be deemed to have been filed or accepted for filing unless it is complete as defined in subsections A through C of this section. Within seven days after delivery of an application to the clerk, the clerk shall advise the applicant, each member of the board, the village attorney, and the village president:
1. Either that the application is complete and that it has been accepted for filing, designating the date of filing (the “filing date”), which shall be the submittal date; or
2. That the application is not complete, specifying how it is deficient.
3. If a request is deemed deficient, deficiencies may be cured by a supplementary filing of documents or information by the applicant within twenty-one days of the notice of deficiency. Within seven days after such supplementary filing, if the request is deemed complete, the clerk shall so advise the applicant, each member of the board, the village attorney and the village president, and shall accept the request for filing, designating the date of the supplementary filing as the filing date (“filing date”). In the event of a deficiency and supplementary filing, the applicant shall expressly acknowledge and agree in writing filed with the supplementary filing that the decision deadline under the Act of one hundred eighty days from the date of filing shall not commence to run until the filing date is established as set forth above. If the applicant fails to make such express written acknowledgement and agreement, the request shall be deemed deficient and not filed.
4. If an application is deemed deficient and one or more of the deficiencies is not curable because the request does not meet the minimum standard of a request under the Act, or if curable, a deficiency is not cured pursuant to subsection (D)(3) of this section, the application shall be deemed not to have been filed. (Ord. 94-27 § 1, 1994; Ord. 94-20 § II, 1994)
16.24.030 Village review.
A. The village president shall be responsible for coordinating review of the request for site approval by the village.
B. The board and authorized representatives of the village may attend the public hearings and may ask such questions as needed to assist in understanding the application or testimony and evidence at the hearing.
C. Reports, documents or other information, if any, prepared or compiled by village employees or departments or retained consultants for board member review, that relate to, summarize or analyze the request for site approval, and reports, studies, exhibits and other documents to be referred to in testimony by such village employees, departments or consultants concerning the appropriateness of the proposed site, shall be filed with the clerk no later than ten working days in advance of the last date scheduled for hearing. The hearing officer may set another date by which these documents shall be filed; provided, that there is adequate and fair opportunity for the applicant and other participants to review, respond or otherwise submit responsive evidence or comment thereon. Copies of such documents shall be available for public inspection in the office of the clerk and members of the public shall be allowed to obtain copies of all or any part of the reports. (Ord. 94-20 § III, 1994)
16.24.040 Submission for the record.
All reports, studies, exhibits, test results, or other documents or copies thereof, other than testimony, which a person desires to submit for the record in support of its position shall be submitted according to the following schedule:
A. Applicant: no later than ten working days prior to the first day for public hearing;
B. Other participants: no later than the first day of the public hearing;
C. Village: no later than ten working days before the day of the last scheduled public hearing or the first day of the public hearing, whichever date is later.
Failure timely to submit documents as required above shall constitute grounds for exclusion thereof from the evidentiary record, unless later filing is expressly permitted under the terms hereof. All such documents shall be submitted by filing an original and eleven copies with the clerk, or, if the hearings have commenced, then with the hearing officer, labeled with the identity of the person making the filing as proposed hearing record material. A copy of all such documents filed by any person other than the applicant shall be served on the applicant. A copy of every document received by the clerk shall be available for public inspection in the office of the clerk. The clerk shall date-stamp any such documents upon receipt. Members of the public shall be allowed to obtain copies of all or any part of said filed documents. The hearing officer may waive the time limit(s) for filing documents in his reasonable discretion, upon good cause shown. The hearing officer shall consider whether waiving any time limit would unduly prejudice any participant, create difficulty in the hearing process, or unduly disrupt the hearing schedule. (Ord. 94-20 § IV, 1994)
16.24.050 Public hearing.
A. No sooner than ninety days but no later than one hundred twenty days from the filing date of the request for site approval, a public hearing shall be held in Riverdale.
B. Within ten working days of the filing date, the board shall designate an impartial hearing officer to officiate at the public hearing. The hearing officer may be the village attorney, a member of the village board or otherwise shall be an attorney licensed to practice law in Illinois who possesses significant experience on environmental issues.
C. Within twenty working days of the filing date, the hearing officer, after consultation with the village president and the applicant, shall determine and notify the clerk of the date and time at which, and the location where, such public hearing shall take place, but in any event the initial public hearing must be scheduled no sooner than ninety days but no later than one hundred twenty days from the filing date.
D. The hearing officer shall request the clerk to cause notice of such hearing to be made as follows:
1. Published legal notice in a newspaper of general circulation published in Cook County at least three weeks prior to the date set for hearing. Such notice shall consist of the following:
a. The name and address of the applicant requesting site location approval.
b. The owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust.
c. The legal description of the site.
d. The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the community.
e. The nature and size of the proposed development.
f. The nature of the activity proposed.
g. The probable life of the proposed activity.
h. The date and time of the first scheduled day for public hearing, and the last scheduled day (if more than one day is scheduled).
i. The location of the public hearing.
j. A statement that the hearing will be conducted pursuant to this chapter, and that persons desiring to be active participants must register and file documents in accordance with this chapter.
k. That any person may file written comments for consideration of the village, pursuant to the Act and this chapter, no later than thirty days after the last scheduled public hearing day.
2. Certified mail, return receipt requested, to all members of the General Assembly from the district in which the proposed site is located.
3. Certified mail, return receipt requested, to the IEPA.
E. The hearing officer shall preside over the public hearing and shall make any rulings concerning the admission of evidence and the conduct of the hearing pursuant to this chapter. The hearing officer shall make all decisions and rulings in accordance with fundamental fairness. State and federal rules of evidence shall not strictly apply. Hearsay and other testimony not admissible in a civil trial may be admitted by the hearing officer, if more reliable evidence does not appear to be available, provided it is of the sort which a responsible person might rely upon in the conduct of serious affairs. The hearing officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No procedural or evidentiary ruling of the hearing officer shall be appealable to the board. Issues of jurisdiction, if any, shall be finally determined by the board. Recesses of the public hearing are not favored, but may be granted in the reasonable discretion and direction of the hearing officer where a serious unfairness would otherwise result, such as where material issues, facts, data, or other evidence arise during the course of the public hearing which were not apparent or reasonably foreseeable by a participant (including the applicant) from documents filed as of the first hearing day.
F. The applicant for site location approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use.
G. All persons desiring to be participants in the hearing, including members of the public, must submit written notification of said intent to the clerk before the first day of the public hearing or register with the hearing officer on the first day of the hearing. Any person so appearing at such public hearing shall have the right to present testimony and engage in cross-examination of witnesses. Any such person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at such public hearing to cross-examine any witness may be reasonably limited in time and duration by the hearing officer, to assure completion of the hearings in accordance with the deadlines of the Act. The hearing officer may propound questions to any witness or to the applicant to clarify the record established by the participants at the hearing or to bring out relevant information.
H. Conduct of the public hearing shall be substantially as follows:
1. Call to order.
2. Introduction of the hearing officer.
3. Recognition of the applicant and identification of the request for site approval.
4. Recognition of fees, notices, and the date upon which the request for site approval was deemed filed.
5. Recognition of the village and other persons wishing to testify, and of reports, exhibits, maps, or documents of record as filed pursuant to this chapter. On the first day of the hearing and at appropriate later times, the hearing officer may confer with the participants and issue orders to govern, schedule and continue the proceedings.
6. Any participant, including the applicant, may make an opening statement. The hearing officer may limit the duration of such statements.
7. Unless otherwise ordered, the hearing officer shall then hear testimony and receive evidence from the applicant and/or any witnesses the applicant may wish to call. Upon the close of the applicant’s testimony, other participants shall offer witnesses and evidence they may wish to present in favor of their position. Thereafter, the applicant shall be entitled to present rebuttal testimony and file rebuttal evidence. Surrebuttal may be allowed at the discretion of the hearing officer, limited to response to any evidence introduced for the first time on rebuttal.
8. At any time prior to completion by the applicant of the presentation of the applicant’s factual evidence and the opportunity for cross-examination by the village and other participants, the applicant may file not more than one amendment to its request for siting approval, together with an amendment fee of ten thousand dollars; in which case the decision deadline shall be automatically extended for an additional period of ninety days. The hearing officer may continue the hearing to allow review of the amendment. Notice of the filing of the amendment shall be published in a newspaper in general circulation in Cook County, together with notice that it may be inspected at the office of the clerk, and the date and time of the next scheduled hearing. Such notice is to be published within no more than fourteen days after the filing of the amendment, and at least fourteen days prior to a hearing date for consideration of the amendment.
Notice of the amendment also shall be sent certified mail, return receipt requested, to all members of the General Assembly from the district in which the proposed site is located, and to the IEPA.
9. All witnesses shall testify under oath. Testimony may include the use of prepared statements and exhibits. If testimony is by prepared statement, copies of such prepared statements shall be made available at the hearings (or, prior to the first hearing date, at the office of the clerk) at least one day in advance of such testimony being given. All witnesses shall be subject to reasonable examination as follows: direct, cross-examination, redirect, and recross.
10. Hearing closed.
11. Summary closing statements, in writing, together with proposed findings of facts, to be filed by any participant no later than twenty days after the date of the last public hearing.
12. Replies to closing statements, to be filed by any participant no later than thirty days after the date of the last public hearing.
13. Draft findings and recommendations of the hearing officer (according to RMC 16.24.080(B)).
14. Comments from participants upon the draft findings and recommendations (according to RMC 16.24.080(B)). (Ord. 94-20 § V, 1994)
16.24.060 Written public comment.
A. The clerk shall receive written comment from any person concerning the appropriateness of the proposed site, irrespective of whether such persons have registered as participants in the hearing. Upon receipt of any such written comment, the clerk shall date-stamp the materials received and shall file and retain those materials and the postmarked envelope in which they were received according to the provisions of RMC 16.24.070(A) and (B).
B. Copies of such written comments shall be made available for public inspection in the offices of the clerk, and members of the public shall be allowed to obtain a copy of all or any part of any written comment.
C. Any written comment received by the clerk or postmarked no later than thirty days after the date of the last public hearing shall be made part of the record (as defined in RMC 16.24.070). The village shall consider any such timely written comments in making its final determination concerning said request. In the event that the thirtieth day falls on a Sunday or a federal or state holiday, the next day on which mail is delivered shall be considered the thirtieth day for purposes of this subsection C. (Ord. 94-20 § VI, 1994)
16.24.070 Record.
A. The clerk shall be responsible for keeping the official record of said hearing. The clerk shall designate a certified public stenographer experienced with environmental or siting hearings to transcribe the conduct of all meetings and hearings for the record. With the consent of the clerk, the day-to-day record of exhibits and testimony may be compiled by the certified public stenographer and hearing officer.
B. The official record (the “record”) shall consist of the following:
1. The request for site location approval as described in RMC 16.24.020.
2. Proof of notice of the hearings, as described in RMC 16.24.050.
3. Proof of notice given by applicant pursuant to Section 39.2(b) of the Act.
4. Written comments filed by the public and received by the clerk, postmarked within thirty days of the date of the last public hearing.
5. All testimony, reports, studies, exhibits or documents offered as evidence by any participant, including the applicant, at the public hearing and reply statements of participants.
6. All offers of proof, reports, studies, exhibits or documents offered as evidence by any participant, including the applicant, but which were not allowed into evidence by the hearing officer.
7. The transcript of the public hearing, and of any meeting(s) of the hearing officer and the board.
8. The draft findings and recommendations of the hearing officer, participants’ comments on that draft, and the findings and recommendations of the hearing officer.
9. The resolution containing the final decision of the village.
C. The clerk shall be responsible for certifying all copies of the record of the public hearing. (Ord. 94-20 § VII, 1994)
16.24.080 Site approval decision.
A. From time to time the board may schedule meetings with the hearing officer to discuss questions relevant to the proceedings. These shall be meetings which, while transcribed and open to the public, are intended for board deliberation and discussion only, and shall not involve public participation. Individual board members may also attend public hearings and may individually confer with the hearing officer.
B. No later than one hundred forty-eight days following the filing date, the hearing officer shall deliver to the clerk and mail to all participants requesting notice pursuant to RMC 16.24.100(B), draft findings of fact and recommendation(s) for disposition of the request for site approval. The draft may include conditions proposed by the hearing officer which are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act, provided such conditions are not inconsistent with regulations by the Illinois Pollution Control Board. The draft findings of fact, recommendation(s) and conditions shall be supported by the record. No later than ten days after the draft findings of fact, recommendation(s) and conditions are delivered to the clerk, any participant may file comments on the draft with the clerk and hearing officer. After consideration thereof, the hearing officer shall submit the final findings and recommendation(s) together with any conditions to the full board (and deliver a copy to the clerk) no later than one hundred sixty-five days from the filing date.
C. The hearing officer shall base his recommendation(s), and the board shall make its final decision, based on the record, and only on 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 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. The facility is located outside the boundary of the one-hundred-year floodplain, or 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 facility will be located within a regulated recharge area, any applicable requirements specified by the board for such areas have been met; and
9. If the facility is to be located in a county where the county board has adopted a solid waste management plan, the facility is consistent with that plan.
D. Each member of the board shall review the official record or a copy thereof in advance of making the decision of the board. The board shall make its decision concerning a site approval request, based on whether the criteria of the Act are shown to be satisfied by a preponderance of evidence in the record. The decision shall be made no later than one hundred eighty days from the filing date, or by such later date for the decisional deadline pursuant to law or the written waiver of deadline by the applicant. The village may impose conditions which are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act, provided such conditions are not inconsistent with regulations promulgated by the Illinois Pollution Control Board.
E. Any decision by the village shall be in writing, shall be supported by the record, shall be based solely on the criteria set forth in Section 39.2 of the Act, and shall contain the reasons for making such decision. The hearing officer, and the village attorney if he is not the hearing officer, may assist the board with the development of the final decision document; provided, that the decision and reasons in support thereof shall be those of the board, and any meetings thereon shall be in accordance with subsection A of this section.
F. The decision of the majority of the board shall be final. No determination by the village of a site approval request may be reconsidered, except as necessary in accordance with further proceedings under the Illinois Environmental Protection Act.
G. Withdrawal of a request for siting approval which occurs after the close of the evidence shall be with prejudice, except that the board may permit withdrawal without prejudice for good cause shown, and may condition such withdrawal upon payment of all reasonable fees and expenses of the participants (and the village). (Ord. 94-20 § VIII, 1994)
16.24.090 Administration of fees and costs.
A. All reasonable and necessary costs incurred by the village in conducting the review of the request for site approval, the public hearing and the site approval determination, shall be paid by the applicant, as provided herein, not to exceed one hundred twenty-five thousand dollars in the aggregate.
B. Upon termination of any proceedings under this chapter, a final accounting and summary of all fees and costs of the hearing officer, village consultants, the village attorney and all other authorized expenditures and reimbursements shall be prepared by the clerk and presented to the board.
C. Any portion of an application fee not required for reimbursement to the village of authorized costs or expenses incurred by the village under the hearing process shall be returned to the applicant.
D. During the course of the proceeding the board may direct that bills may be paid from the application fee. No bill shall be paid from such fee unless authorized by the board. (Ord. 94-20 § IX, 1994)
16.24.100 Miscellaneous.
A. Whenever documents are filed with the office of the clerk pursuant to this chapter, any person may request a copy of any or all of those documents. The clerk shall have copies of documents made within a reasonable time after any such request. If the cost of copying will exceed five dollars, the clerk may require payment of copying costs in advance of having the copies made. The clerk shall deliver the copies at the clerk’s office promptly after they are made, during normal business hours, upon payment of the actual cost of reproduction.
B. Any participant in the public hearing who wants to receive mailed notice of the hearing officer’s delivery of the draft fact findings and recommendations shall provide the clerk or hearing officer, no later than the last date of the public hearing, with a written request for such notice which includes the name and address to which such notice should be mailed. (Ord. 94-20 § X, 1994)
16.24.110 Enforceability.
The village may enforce this chapter in a court of law, or before the Illinois Pollution Control Board. If a determination is made which approves the siting of a regional pollution control facility, any and all lawful conditions imposed by the village upon the approval shall be binding upon the applicant, its employees, successors and assigns and shall be enforceable by action filed in the circuit court or by complaint before the Illinois Pollution Control Board. Violation of a condition so imposed may be punishable by a civil penalty not to exceed ten thousand dollars per violation, and the village shall be entitled to an order of injunction or remediation to conform the pollution control facility and its operations to the condition, and to such other relief as may be necessary or appropriate to protect the public health, safety or welfare. (Ord. 94-20 § XI, 1994)