(A) (1) An original application, seven paper, and a minimum of 35 electronic copies of the entire application, including all plans, exhibits, reports, maps and other submittals (other than the materials on file at the IEPA at time of the filing of the application), shall be delivered to the office of the Village Clerk. Upon receipt of any such application, the Village Clerk shall date stamp, retain and preserve the original application as the start of the public record on this matter. The Clerk shall also date stamp and retain the paper copies of the application and, with respect to the electronic copies of the application, deliver one to the Mayor and each Village Board Member. The Clerk shall also deliver ten copies to the Village Attorney's office.
(2) The date imposed by the Village Clerk shall be considered the official filing date for all purposes relating to the time of filing. Receipt and acceptance of a petition by the Village Clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the Act or this chapter. Should the petition be presented to the Village Clerk without the correct number of copies, in the incorrect form, or without the sections and fees described herein, the petition shall be rejected by the Village Clerk.
(B) A copy of the application shall be made available at Village Hall for public inspection in the office of the Village Clerk or such other location as may be convenient to the operation of the village government. Another copy of the application shall be made available for purposes of fulfilling copy requests submitted to the village. The Clerk may employ an outside copy service for this purpose and said service may be furnished a copy of the application for purposes of reproduction. Members of the public shall be allowed to obtain a copy of the application or any part thereof upon payment of the actual costs of reproduction. All copying requests shall be fulfilled by the Village Clerk within a reasonable time and in conformance with the Freedom of Information Act.
(C) Applications shall include the following:
(1) A written petition on recycled 8½" x 11" paper setting forth or including the following, as applicable (the village recognizes that information necessary for the siting of a landfill may not be relevant to other facilities and therefore not required):
(a) The identification of the applicant, owner of the subject property and the proposed operator of the facility. If the subject property is owned in a trust, then also identify the beneficiary(ies) of the trust(s). Also indicate for each whether the applicant, the landowner and the operator is an individual, partnership, limited liability company, corporation or unit of government. In the case of an individual, list his or her address. In the case of a partnership, submit the names of all partners. In the case of a limited liability company, submit the names and addresses of all members and managers and attach a certificate of good standing for the LLC from the Secretary of State's office. In the case of a corporation, submit the names and addresses of all officers and administrators, and the names and addresses of all shareholders owning 10% or more of the capital stock of the corporation; together with certified copies of the articles of incorporation in the State of Illinois or, if not incorporated in the State of Illinois, its certificate of authority to do business in the State of Illinois.
(b) The legal description of the proposed site of the facility and a street address or some other reasonable description of where the facility is to be located.
(c) A description of the proposed facility, its operation and the anticipated longevity thereof.
(d) The area to be served by the proposed facility and a statement of the needs in such area for such a facility.
(e) The expected types, amounts and methods of treatment or storage of all wastes proposed for the site and the origins of these wastes.
(f) The monitoring plan (including background analyses) for ground water and the procedure by which surface water and air will be monitored (including procedure by which the applicant will establish background levels).
(g) The plans for closure of the site and continued monitoring thereafter.
(h) Proof of notice pursuant to ILCS Ch. 415, Act 5, § 39.2(b).
(2) Site plans showing details of the proposed facility, including:
(a) Engineering cross-sections;
(b) All existing wells within 1,000 feet of the subject property;
(c) All monitoring systems, including, but not limited to, ground water, surface water, and air;
(d) Fences, buildings and other structures;
(e) Roads, entrances and driveways;
(f) All core sample locations on the subject property;
(g) Location and purpose of any other drill-holes on the subject property;
(h) Any information to demonstrate that the proposed facility is so designed, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected, in addition to that which has been provided already pursuant to this chapter; and
(i) Whether any existing uses will be continued.
(3) For a proposed landfill facility, applicant shall provide a detailed topographic survey of the subject property and the surrounding area - within 500 feet of the property line - indicating: topographical variations in no greater than two foot intervals for the subject property and USGS data for the property within 500 feet of the property line (unless otherwise required). For ALL FACILITIES, applicant shall provide a survey of those properties within 500 feet of the facility boundary that sets forth existing land uses, existing zoning, and, if applicable, the boundary of any floodway or flood plain on the property or within 500 feet thereof. For all purposes related to any siting application, FLOODWAY and FLOOD PLAIN shall mean the regulatory floodway and regulatory flood plain as defined by the Federal Emergency Management Agency (FEMA). These features may be shown on one or more exhibits.
(4) A statement of the plan of operation for the proposed facility including, but not limited to, the following:
(a) Method of landfilling, incineration, composting, treatment, resource recovery, transfer, or all other processes;
(b) Hours of operation;
(c) Personnel and their training;
(d) Litter, vector, dust and odor control;
(e) Surface drainage and erosion control (this information shall include proof from all authorities having jurisdiction that the proposed design of the facility has obtained technical compliance with applicable storm water regulations and the U.S. Clean Water Act);
(f) Fire control;
(g) Corrective actions for spills and other operational accidents; and
(h) Coordination of operations with any other pollution control facility and/or recycling facility operated on, adjacent to, or within 500 feet of the facility.
(5) A report analyzing the projected traffic impacts attributable to the proposed facility and describing how the proposed facility has been designed to minimize the impacts on existing traffic flows. The report shall include, but not be limited to the following:
(a) Description of the anticipated number, type, size, origin, routing and expected distribution of arrival and departure times of all vehicles accessing the facility site. If any of these factors are expected to vary significantly over the expected life of the facility, details of the expected variance shall be presented along with the anticipated peak traffic data;
(b) Description of any changes in traffic volumes or patterns to or from any existing development on the site that may be altered as a result of construction of the facility;
(c) Description of the roadway network adjacent to and surrounding the proposed facility, including number of lanes, turning lanes at intersections, traffic controls, and vehicle turning and classification counts at the site entrances and exits, all signalized intersections and significant unsignalized intersections along principal routes of access. The area of detailed study shall extend along principal routes of access until the site traffic represents an insignificant percentage of the overall traffic stream. Traffic counts shall be taken during the expected daily peak periods of operation of the proposed facility as well as the existing peak traffic periods on the surrounding roadways;
(d) Descriptions of any traffic concerns identified by roadway jurisdictions within the area of detailed study;
(e) Operational capacity analysis during peak periods at principal intersections within the area of detailed study for a minimum of two scenarios: (1) existing traffic volumes, and (2) with the addition of site traffic. If projected traffic volumes are analyzed, the report shall include the basis for the projections and the analysis should consider both build and no-build scenarios;
(f) Analysis of vehicle accidents at intersections within the area of detailed study; and
(g) Detailed analysis of anticipated traffic at the entrance(s) and exit(s) to and from the proposed facility, including either a traffic signal warrant analysis or gap study, and an intersection design study meeting the requirements of the agency having jurisdiction over the route providing access to the proposed facility. This information should include information on traffic for any pollution control facility and/or recycling facility located on, adjacent to or within 500 feet of the facility.
(6) A written commitment (by host agreement or otherwise) to obtain certificates of insurance from companies having a Best rating of A VI or better that shall, at such time as the facility is permitted, cover accidents such as fires, explosions, accidental occurrences and pollution impairment.
(7) If the site is a proposed hazardous waste facility, a copy of the Resource Conservation and Recovery Act Contingency Plan.
(8) If the site is a proposed medical waste treatment facility (that treats potentially infectious medical waste ("PIMW") as defined in the Act), information concerning all of the following:
(a) That the treatment of PIMW:
1. Eliminates the infectious potential of the waste. A treatment process eliminates the infectious potential of PIMW if the manufacturer/owner/operator demonstrates that an Initial Efficacy Test (IET) and Periodic Verification Test (PVT) have been completed successfully. Refer to ILCS Ch. 415, Act 5, §§ 1422.124 and 1422.125 or the fact sheet on testing requirements for details on these tests;
2. Prevents compaction and rupture of containers during handling operations, except when this is an integral part of the treatment process;
3. Disposes of treatment residuals in accordance with all applicable regulations;
4. Provides for quality assurance programs that must include a written plan;
5. Provides for periodic testing using biological testing;
6. Provides for assurances that clearly demonstrate that PIMW has been properly treated; and
7. Is in compliance with all federal and state laws and regulations pertaining to environmental protection.
(b) Record keeping procedures for manifests demonstrating that copies of manifests will be kept at the treatment facility for three years and must be made available to the Illinois EPA and the village upon request; and
(c) Record keeping procedures demonstrating that an annual report will be filed by March 31 specifying the quantities and disposition of PIMW treated during the previous calendar year.
(9) A plan of operations demonstrating that:
(a) PIMW will be weighed in pounds on a certified scale, unless previously weighed by the transporter;
(b) Signs will be posted at the points of access to the secured storage area. These signs must display the International Biohazard Symbol and the word 'BIOHAZARD' in lettering readable at five feet;
(c) Annual personnel training will be provided to all staff prior to handling PIMW. Training must include a thorough explanation of operating procedures for daily and emergency situations;
(d) Records will be maintained verifying personnel training;
(e) The facility will have a written contingency plan which is to be implemented in the event of a discharge or personal injury. It must include a list of emergency equipment, names and phone numbers of persons qualified to act as emergency coordinator, and procedures for cleanup. A copy must be kept at the storage operation. Emergency phone numbers and a brief description of the emergency procedures must be posted at the operation;
(f) The facility will maintain a written operating record at the facility, including operating parameters, generator information, and quantities and disposition of PIMW;
(g) That records (personnel training and written operating record) will be kept at the storage operation until closure. They must be made available to the village and the Illinois EPA upon request;
(h) The facility will certify to the transporter, if other than the generator, and certify to the landfill operator or receiving facility operator that the PIMW has been treated in accordance with 35 Ill. Adm. Code 1422 and, if applicable, with all terms and conditions specified in its operating permit. Data verifying the efficacy of the treatment unit must be made available to the receiving facility upon request of the receiving facility;
(i) At least 60 days before closure, the owner must notify the Illinois EPA and the village and, within 90 days after the final load is received, the owner must certify to the Illinois EPA and the village that closure has been completed in accordance with the permit and all applicable regulations. The facility upon closure, the area, equipment, and structures of the facility must be cleaned in accordance with all applicable EPA regulations; and
(j) The application must include information regarding the treatment unit, including test data and supporting documentation demonstrating that the infectious potential has been eliminated from either similar existing PIMW treatment units or pilot projects.
(10) Applications shall also include a statement describing the past operating experience of the applicant and, if different, the operator of any solid waste or gas handling operations on any active unit or any proposed expansion of any active unit (and, for each, any subsidiary, member, manager or parent corporation) in the field of solid or hazardous waste management. Also include a statement describing the past operating experience of subsidiaries of the parent corporation operating or licensed in Illinois in the field of solid or hazardous waste management. For purposes of this paragraph, the term ACTIVE means available to receive additional waste.
(11) A statement setting forth a complete record of actual or alleged violations from the last ten years of the applicant and any proposed operator of any solid waste or gas handling operation on any active unit or any proposed expansion of any active unit (and any subsidiary, member, manager, parent corporation or subsidiary of the applicant or proposed operator) of any with environmental laws and
regulations governing solid or hazardous management operations or activities. Said statement shall include, but not be limited to, a citation of the applicable statute or ordinance violated or alleged to be violated and a brief written summary of the activities or operations giving rise to the actual or alleged violations and the ultimate outcome of the matter, including whether any fines or penalties were imposed. For purposes of this paragraph, the term ACTIVE means available to receive additional waste.
(12) A description of the following (if applicable):
(a) Leachate collection system.
1. Type, location and construction of the subsurface collection system;
2. Written narrative describing methods and processes of the collection, management and treatment of the leachate;
3. Program for monitoring effectiveness of the collection, management and treatment of the leachate; and
4. Discharge points of effluent.
(b) Final cover system, including proposed soil and/or geomembrane specifications if applicable.
(c) Facility construction quality assurance and quality control program;
(d) Personnel requirements for facility operation and the training requirements for those personnel.
(e) Gas collection system.
1. Type, location and construction of the subsurface collection system;
2. Written narrative describing methods and processes of the collection, management and utilization of the gas;
3. Program for monitoring effectiveness of the collection, management and utilization of the gas; and
4. Manner, method, and design of system to utilize the gas for energy.
(13) The application fee for a request for siting approval is required and shall be administered as follows:
(a) The applicant shall deposit the sum of $150,000 in the form of a certified or cashier's check, to cover the costs associated with the siting process, including (but not limited to) court reporter costs, transcript costs, village legal and consultant costs, and other expenses incurred by the village in conducting the review of the request for siting approval, the subsequent public hearing and the siting approval decision; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the siting approval decision shall be returned to the applicant. An accounting of expenses attributed to the hearing process shall be provided monthly.
(b) In the event that, at any time prior to the conclusion of the siting approval process, the village has expended such sums as to reduce the balance of the application fee to a figure less than $50,000, the applicant will be notified in writing. The applicant would then have 14 days to deposit with the Village Clerk an additional $50,000 in the form of a certified or cashier's check, unless the Village Administrator determines, in his or her sole discretion, that additional funds in excess of $50,000 are necessary based upon the status of the siting process, in which case the applicant shall deposit that amount. In no event shall any demand for additional fees exceed $100,000 per each additional funding request. Any portion of the fees, including any additional fees, that remain unexpended at the conclusion of the siting approval decision shall be returned to the applicant.
(14) A table of contents shall be provided that readily identifies all sections and subparts of the application, including all accompanying appendices, exhibits, tables, and illustrations. The pages, appendices, exhibits, tables, and illustrations shall be denoted in logical sequence.
(15) The applicant shall also produce a copy of the entire application in .pdf or other searchable electronic format such that the application may be uploaded to the village website and that read-only copies of the application may be provided to members of the public that request same.
(D) An application may not be filed that is substantially the same as an application that was disapproved within the preceding two years pursuant to a finding under any of the criteria of the Act.
(E) Although date stamped at the time of delivery by the Clerk, the application shall be subject to further review to assure compliance with the requirements of this chapter concerning the content of the application. Following receipt of the application, the Village Clerk shall cause the publication of a black border notice stating that said application and supporting evidence have been filed and are available in the Village Clerk's office for public inspection. The Village Clerk shall cause such notice to be published no later than 30 days from the date of filing.
(F) In order to give members of the public an opportunity to make informed written comment and to give members of the public and the village an opportunity to prepare adequately and fairly for the public hearing hereinafter described, the applicant must fully comply with all requirements of this section and failure to submit the required information as of the date of filing shall, absent good cause shown in the judgment of the Hearing Officer, render such information inadmissible at the public hearing.
(G) At any time prior to the completion by the applicant of the presentation of the applicant's factual evidence and opportunity for cross-examination by the Village Board and any participants, the applicant may file not more than one amended application containing substantive amendments or revisions upon payment of additional fees in the sum of $25,000 - unless the Village Administrator determines, in his or her sole discretion, that funds in excess of the $25,000 are required due to the nature of the changes of the amended application, in which case that greater amount shall be the sum due. Upon the filing of an amended application, the time limitations for final action by the Village Board shall be extended for an additional period of 90 days.
(H) Other amendments may be made if, in the opinion of the Hearing Officer, any such proposed amendment is nonsubstantive and the Hearing Officer otherwise allows such amendments.
(Ord. 10-47, passed 4-28-10)