(A) Filing.
(1) The applicant shall file one original and 20 copies of the petition with the Village Clerk, in the form described in divisions (C) and (D) of this section.
(2) The applicant shall include, with the filing of the petition, the application fee, as described in § 15-9-03 of this article.
(B) Processing. Upon receiving the petition, the Village Clerk shall do the following.
(1) Accept for filing and date stamp as filed any petition that is filed with the correct number of copies, as required by division (A) above, in the form as required by division (C) below; and with the application deposit as provided in § 15-9-03.
(a) The date on the stamp of the Village Clerk shall be considered the official filing date for all purposes relating to the time of filing.
(b) 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 article.
(c) Should the petition be presented to the Village Clerk without the correct number of copies, in the incorrect form, or without the sections and fee described in this division (B)(1), the petition shall be rejected by the Village Clerk.
(2) Upon the filing of a petition, the Village Clerk shall promptly distribute the copies of the petition to the following parties in the following numbers: one copy to the Mayor; one copy to each Trustee; five copies to the Village Manager’s office; two copies to the Village Attorney; one copy to the Fire Protection District; two copies to the Hearing Officer; and two copies to the village public library.
(a) The original petition and two copies shall be maintained by the Village Clerk.
(b) The Village Clerk has the option of sending one of the copies to a copy service within the village.
(3) The Village Clerk shall make available a copy of the petition and public record concerning the petition for public inspection during the normal business hours of the Village Clerk’s office. Additionally, the Village Clerk shall provide to any person so requesting, copies of the petition or the public record, upon such person’s payment of the actual cost of reproduction.
(C) Form of petitions.
(1) All petitions shall be in writing on eight and one-half-inch by 11-inch, eight and one-half-inch by 14-inch or 11-inch by 17-inch paper, and in an electronic P.D.F. format; except that, this format is optional for exhibits or drawings.
(2) The pages of the petition and all exhibits, including pages intentionally left blank, shall be consecutively numbered.
(D) Content of petitions. The determination of the quality and quantity of information to be included in a petition is, ultimately, the applicant’s to make, as it is the applicant’s burden to demonstrate that the siting criteria set forth in § 39.2 of the Act are met. However, for purposes of this article, a petition shall contain, at a minimum, the following documents and information, in addition to what the applicant submits in support of the § 39.2 criteria, together with — to the extent that such documents and information are based on other information or data — citations to the primary sources of data:
(1) The identification as well as current address of the applicant, all landowners and the operator for the proposed facility:
(a) If the proposed site is owned by a land trust, each beneficiary of the land trust must be identified and their name and address listed, and the extent of their interest must be defined;
(b) Indicate whether or not the applicant, if not the property owner, is to purchase or lease the site;
(c) Also indicate whether the applicant, the landowner and the operator is a corporation, partnership, individual or unit of government;
(d) In the case of a partnership, submit the names of all partners;
(e) In the case of a corporation, submit the names and addresses of all officers and directors, and the names and addresses of all shareholders owning 5% or more of the capital stock of the corporation; and
(f) In the case of a corporation, attach as exhibits articles of incorporation and a certified copy from the Secretary of State of, the entity’s incorporation in the state or, if not incorporated in the State of Illinois, its license to do business in the State of Illinois.
(2) The proposed operator of the proposed facility shall submit audited financial statements for the preceding three years or the total number of years the entity has been in existence, whichever is less.
(a) If an entity has no audited financial statements, then it shall include pro forma statements for the same time period as required for audited statements.
(b) Also, the proposed operator shall present a certificate of good standing issued by the Illinois Secretary of State and a certificate of authority to do business in DuPage County issued by the appropriate authority.
(3) The legal description of the proposed site and a street address as well as other reasonable description of where the proposed site is located. A plat of survey of the proposed facility boundary must be attached to the petition;
(4) A brief description of the proposed facility, its operation, the expected longevity thereof and copies of any proposed or actual agreements for host fees or incentives offered or agreed to by the applicant with the village;
(5) Identification of the area to be served by the proposed facility, a map showing the extent of the service area the facility is intended to serve, and a statement of the need for the identified area for such a facility;
(6) The expected types, amounts and methods of treatment, disposal, consolidation, transfer or storage of all wastes proposed for the site;
(7) Reasons supporting approval of the application;
(8) A request for site approval;
(9) Proof of notice, pursuant § 39.2 of the Act;
(10) A site plan showing details of the proposed facility, including:
(a) Engineering cross sections;
(b) All known and proposed wells (identified as such), whether potable, monitoring or other, within the proposed site and within 1,500 feet of the property line of the proposed site;
(c) Fences, buildings other structures and berms and landscaping;
(d) Roads, entrances and driveways;
(e) Existing and proposed underground or aboveground storage tanks (identified as such), identifying, if applicable, which are known to be out of operation or abandoned;
(f) Location of property lines of neighboring properties and properties whose owners were provided notice pursuant to § 39.2(b) of the Act;
(g) Existing and proposed utility lines (identified as such and identified as to type of utility), indicating which are above and which are below the ground;
(h) Surface water drainage systems and ways shown on village public records within 1,500 feet of the property line of the proposed site, including, but not limited to, drain tiles, creeks and the like;
(i) 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 article; and
(j) Whether any existing uses will be continued.
(11) A description of the general characteristics of the site (industrial park, open field, gravel pit, quarry, strip mine, swamp, floodplain and the like);
(12) A statement of the plan of operation for the proposed facility, including, but not limited to, the following (where applicable):
(a) Type of facility, including method of transfer or, if applicable, landfilling, incineration, resource recovery or other proposed storage, process, treatment or management, and the proposed layout of the site, including identification of the location of proposed buildings or other above or below ground structures, and identification of the location of any proposed process flows, storage, treatment, disposal, consolidation or other waste management activity;
(b) Description of the design criteria and design features of the facility, where applicable, including:
1. Leachate collection system:
a. Type, location and construction of the subsurface collection system;
b. Written narrative describing methods and processes of the collection, management and treatment of the leachate;
c. Program for monitoring effectiveness of the collection, management and treatment of the leachate; and
d. Discharge points of effluent.
2. Drainage and erosion control, including a description of the type, location and design of drainage and erosion control devices;
3. All monitoring systems, including, but not limited to, ground water, surface water and air:
a. Techniques, location and construction;
b. Frequency of sampling and analysis; and
c. Future corrective action program.
4. Surface water control;
5. Air emissions control;
6. Final cover system, including proposed soil and/or geomembrane specifications if applicable;
7. Facility construction quality assurance and quality control program:
a. Hours of operation;
b. Personnel;
c. Both on-site and off-site litter, vector, dust, odor and noise control;
d. Fire control;
e. Corrective actions for spills and other operational accidents;
f. If applicable, the stages of development or use;
g. If applicable, an end use plan; and
h. Operating procedures including:
i. Personnel require-ments, including number of full- and part-time employees, which personnel positions and in what numbers are considered minimally necessary for facility operation, and the training and supervision of employees. In addition, identify whether the proposed facility intends on utilizing any contract or temporary employees and, if so, the positions those employees would fill, the training requirements and supervision of such employees, and whether they would be considered minimally necessary for the facility operation;
ii. Plans for chemical analysis of waste;
iii. Plans for identifica-tion and verification of waste;
iv. Plans for identifica-tion of unacceptable waste, soils or other material and removal of same;
v. Leachate collection, management and treatment system or plan;
vi. Noise control;
vii. Operation of air emission monitoring system;
viii. Facility cleaning and maintenance, including, but not limited to, the interior floor; and
ix. For each type of waste proposed to be received for storage, treatment, management, consolidation or disposal, provide: the maximum daily and annual receipt and throughput, and the expected types of sources for such waste within the proposed area to be served.
(13) A map showing on-site roadways, vehicle and direction flow signage and road markings, vehicle staging and parking areas, and a description of the plan of operation with respect to moving vehicular traffic on-site, including, but not limited to, on-site traffic flow direction and control;
(14) A closure plan, including satisfactory proof of financial responsibility therefor;
(15) Provide a traffic study in accordance with guidelines recommended by the institute of transportation engineers regarding the proposed site, including the anticipated number of vehicles, their size, weight and direction of movement, and a copy of any driveway permit:
(a) Included in this study, state the number of each type of vehicle expected or intended to enter or exit the facility, broken down by each hour of the day; and
(b) If the number of vehicles is expected or intended to be greater or less on particular days of the week, identify those days, the numbers of vehicles, and where it includes vehicles other than passenger automobiles, include the hourly analysis for each day of the week.
(16) Provide all physical evidence, including, but not limited to, studies, maps, reports, permits or exhibits that the applicant desires the village to consider at the public hearing. It is intended that the applicant provide a full and complete disclosure of his or her case to facilitate early review and analysis by all participants;
(17) Supply certificates of insurance verifying the insurance policies carried by the applicant to cover single accidents, such as fires, explosions, non-sudden accidental occurrences, whether such accidents occur at the proposed site or while waste is being transported to or from the proposed site;
(18) Include a statement describing the past operating experience of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), in the field of solid waste management and identify all experience in the State of Illinois;
(19) Furnish a statement identifying the past record of convictions of the applicant, including, but not limited to, any individual conviction of its current officers and directors, concerning a violation of the Act or any federal environmental law, a description of enforcement actions or lawsuits brought, if any, by government entity or any person, and remedial action taken, if any, as a result of, in conjunction with, or as part of a settlement of any conviction or admission of violation;
(20) Furnish a statement regarding adjacent and nearby land uses, including, but not limited to, as to whether 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, providing documentation detailing:
(a) Property values of surrounding property, and a property value impact analysis conducted by a certified real estate appraiser;
(b) Topographic survey of existing site;
(c) Final design grades;
(d) Surrounding zoning and land uses within one mile of the property line of the site, including identification of any surface or subsurface mining activities in the area, residential (single-family or multiple-family) housing areas, schools, hospitals, nursing or extended care facilities, daycare or other childcare facilities, historic, architectural or archaeological landmarks;
(e) Proposed use after operation (i.e., end-use), including changes in topography and all new surface features;
(f) A description of how the applicant will minimize the effect of traffic flow to and from the proposed facility on the character and property values of the area through which the traffic is proposed to pass;
(g) A description of the external materials to be used in construction of the proposed facility; and
(h) A description of any proposed landscaping or facility screening.
(21) A statement as to whether the facility is located outside the boundary of the 100-year flood- plain or whether the site is floodproofed, and documentation supporting such statement;
(22) Documentation detailing compliance of the proposed facility with all applicable storm water ordinances;
(23) As to whether the plan of operation for the facility is so designed to minimize the danger to the surrounding area from fire, spills or other operational accidents, at a minimum, provide documentation detailing:
(a) Accident prevention plan, including plans for spill control and containment;
(b) Fire prevention plan; and
(c) Proposed responses to spills and other operational accidents.
(24) An emergency response plan for the proposed site, including, but not limited to, documentation detailing procedures to be used in case of a release or spill, as to:
(a) Notification of appropriate agencies and personnel;
(b) Containment procedures; and
(c) Evacuation procedures for the facility and the surrounding area.
(25) The petition shall be signed by the applicant, landowner(s), operator, engineer registered in the State of Illinois under the Illinois Professional Engineering Practice Act, land surveyor and any other technical consultant responsible for drafting all or portions of the petition. The application shall state a contact address, a phone number and an email address for each person named.
(Ord. 2003-07-43, passed 7-21-2003)