(A) Amendment of siting approval conditions imposed by the Board 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 proposed amendment;
(3) Text of the revised condition as proposed;
(4) Effects of the amendment 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, at its first regularly scheduled meeting after filing of a modification request, establish a date, time and place for a public hearing on the requested modification, which hearing shall commence not later than 42 days of receipt of the proposal.
(D) The proponent of the amendment shall provide not less than 14 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; and,
(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 that 90 days after filing of the proposal.
(F) The Board may accept a proposed amendment only upon an express finding that the statutory siting criterion(a), to which the original condition related, will still be satisfied with the amendment. In accepting a proposed amendment, the Board may establish such conditions as are reasonable and necessary to accomplish the purposes of ILCS Ch. 415, Act 5, § 39.2, and are not inconsistent with regulations promulgated by the Illinois Pollution Control Board.
(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. 10-47, passed 4-28-10)