(A) The conducting or operation of the following offensive and unwholesome businesses is prohibited within the corporate limits of the village and within the distance of one mile beyond the corporate limits of the village: any waste storage site, landfill, waste disposal site, waste transfer station or waste incinerator that accepts special waste, industrial process waste, hazardous or toxic waste, pollution control waste or nuclear waste.
(B) The definition contained in paragraph 3 of the Environmental Protection Act (ILCS Ch. 415, Act 5 § 3) are herein incorporated by reference as the definitions of this section.
(C) In the event a business or establishment shall violate this section, the remedies at law available to the village shall be inadequate to protect its interest and in that event, in addition to any other remedies the village may have, the village may seek the relief of a court of equity to obtain a preliminary or permanent injunction, restraining the business or establishment from violating the provisions of this section, and in addition to such equitable relief, may exercise such further or other remedies as may be available to it and in the event the village shall institute any such legal action and upon final hearing and determination, a court of competent jurisdiction shall find, among other things, that the business or establishment has violated provisions of this section, then and in that event in addition to such other relief which may be awarded, if any, there shall be awarded in such action all costs and expenses, including reasonable attorney's fees incurred in prosecuting such litigation and any appeals and the said court shall enter a money judgment for the same against the violating business or establishment.
(D) Any business or establishment defined in division (A) of this section in operation as of August 12, 1982 shall be exempted from the provisions of this section.
(Ord. 287, passed 8-2-82; Am. Ord. 1068-D, passed 10-18-99) Penalty, see § 110.99