(A) For each application filed, the President shall appoint a Hearing Officer to conduct the public hearing for that application. The appointments shall be confirmed by the full Village Board of Trustees of the village within 40 days of the receipt of each application.
(B) The Hearing Officer shall preside over the public hearing, and shall make decisions concerning the admission of evidence and the manner in which the hearing is conducted. The Hearing Officer shall make all rulings in accordance with fundamental fairness and statutory and constitutional requirements. The Hearing Officer shall prepare a statement of findings at the conclusion of the public hearing and following the submittal of additional comments for the 30-day period following the public hearing.
(C) Within 45 days of the receipt of the application, the Hearing Officer shall meet and schedule the date(s), location and time for the public hearing. The public hearing shall be scheduled by the Hearing Officer to be conducted at a location which is reasonably expected to be large enough to accommodate the number of persons anticipated to attend.
(D) Within 60 days of the receipt of the application, the Village Clerk shall notify the applicant, in writing, of scheduled public hearing date(s), location and time.
(E) Within 65 days of the receipt of the application, the applicant shall publish notice of public hearing date(s), location and time, in a local newspaper(s) and notify, by certified mail, all members of the District General Assembly in which the proposed facility is located.
(F) No sooner than 90 days, but no longer than 120 days, from the date of receipt of the application, the Hearing Officer shall commence public hearings which are adequate to establish the facts in the case, provided that said hearing shall be conducted within the required time periods. All public hearings shall be conducted as follows:
(1) A pretrial conference hearing shall be held not less than three days prior to the date established for commencement of the hearing. At that time, the applicant, the village and any other participants of record shall participate in such pre-conference hearing. The Hearing Officer shall establish the date, time and manner in which such pre-hearing conference shall be conducted. The pre-hearing conference may (at the discretion of the Committee) be conducted either in person or by teleconference. The purpose of the pre-conference hearing shall include (but not necessarily be limited to) the following:
(a) Determination of the criterion which will be placed in issue by any of the parties to the hearing;
(b) To the extent necessary and practicable, address any pre-hearing issues which may have arisen, and
(c) Address any pre-hearing motion which has been filed or any motions which will be presented on the first day of the hearing prior to the commencement of evidentiary testimony.
(2) All persons desiring to be formal participants in the hearing, including members of the public, shall file their written appearance with the Village Clerk not less than seven business days prior to the date scheduled for commencement of the hearing on the application, with copies of such appearance being provided by the participant to the applicant, the Village, and any other participants of record. Any person so appearing at such public hearing shall have the right to present testimony and witnesses. Any such person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at said 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. If the Village is not the applicant, the Village shall be deemed a participant and a party to all proceedings, and shall proceed last with its case and cross- examination.
(3) The applicant and the village's counsel shall be allowed to cross-examine witnesses by right, subject to such reasonable limitation as may be set by the Hearing Officer. Cross-examination by the village shall not be limited to matters contained in the application. Parties represented by attorneys shall be allowed to cross-examine in the discretion of the Hearing Officer. Other persons shall be allowed to submit questions to the Hearing Officer, who shall exercise discretion in the manner in which such questions are to be posed to witnesses. Sufficient examination of witnesses is to be allowed so as to provide for fundamental fairness.
(4) 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 Village 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 re-cross.
(5) Public comment. The Hearing Officer may exercise discretion to allow public comment at each hearing or may set one time for public comment.
(6) Verbal recording shall be made of the public hearing and a written verbatim transcript prepared by a certified court reporter or a certified short hand reporter shall be made available, at cost, upon request. Written transcripts will be provided to all Village Trustees, Village Administrator for the village, Director of Public Works for the Village, the Village Attorney, and outside counsel retained by the village to represent its interests during the siting process.
(7) Applicant shall submit proof of notification of the public hearing as required in ILCS Chapter 415, Act 5, §39.2, and the procedures included in division (E) above.
(G) At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-questioning by the village, and any participants, the applicant may file not more than one amended application. In such a case, the time limitation for final action set forth in the Environmental Protection Act, ILCS Chapter 415, Act 5, § 39.2(e), as amended, shall be extended for an additional period of 90 days. The Hearing Officer shall, in the Hearing Officer's discretion and to the extent reasonably practicable, permit the village, the applicant and any other formal participant (party) to file Proposed Findings of Fact and Conclusion of Law.
(H) (1) Submission of demonstrative evidence and exhibits. Any exhibits that a participant, other than the applicant, anticipates using during the pubic hearing shall be submitted to the village at least one day prior to its anticipated use. All participants shall submit at least three copies of all exhibits. The village shall furnish one copy to the applicant.
(2) Members of the public who participate in the public comment time held during the public hearing shall submit any exhibits they expect to use to the village prior to the time designated for the public to speak. At least three copies of all such exhibits shall be submitted. The applicant shall be provided one of the three copies.
(3) Any additional exhibits to be used by the applicant during the public hearing and not a part of the application shall be submitted at least 24 hours prior to their anticipated introduction at the public hearing. Any additional exhibit used by the applicant that in any way materially changes the proposed design, location and/or operation of the facility shall be considered an amendment to the application, and all sections of this subchapter pertaining to amendments shall take effect.
(4) The time limits for submission of evidence may be waived by the Hearing Officer if he/she determines that the participant could not reasonably have anticipated the use of said exhibit at the time that submission was due.
(I) (1) Between 120 and 180 days of receipt of the application, transcripts from public hearings shall be forwarded to the Village Clerk, Village Board of Trustees, Village Administrator, Director of Public Works for the village, and the Village Attorney for review. Upon the conclusion of the public hearing(s), the village shall publish in a local newspaper notice informing the public of the deadline for written comments. Written comments submitted to the Village Clerk within 30 days of the final public hearing shall be made a part of the record of proceedings and considered. Copies of all comments received by the Village Clerk shall be forwarded to all Village Trustees, the applicant and the Village Attorney. Copies of comments shall be distributed to the Village Administrator for the Village and other persons upon request.
(2) Additional work sessions and meetings may be held by the Hearing Officer, if necessary, prior to referral of its findings and recommendation to the Village Board of Trustees. All work sessions and meetings shall be open to the public, but may not allow public participation in the work sessions and meetings.
(J) Upon completion of the evidentiary hearing, interested Village Staff shall have 30 days thereafter in which to file their final reports and recommendations with the Hearing Officer. Copies of the final reports shall be available for public inspection in the office of the Village Clerk for three working days prior to the Hearing Officer's decision. Members of the public shall be allowed to obtain a copy of said documents upon payment of the cost of reproduction.
(K) Decisions.
(1) The hearing officer shall make findings and recommendations, reduce same to writing and submit it to the Village President & Board of Trustees for its decision as the ultimate approval or disapproval of the proposed application.
(2) The Village Board of Trustees shall make a decision based upon the record from the public hearing and review of the findings and recommendation of the Hearing Officer. The decision of the Village Board of Trustees shall be by duly adopted resolution, in writing, specifying the reasons for the decision, such reasons to be in conformity with Section 39.2(a) of the Act (ILCS Chapter 415, Act 5, § 39.2(a)). In granting site location approval, the Village Board of Trustees may impose such conditions as may be reasonable and necessary to accomplish the purposes of the Act, to the extent that said conditions are not inconsistent with the Act and the regulations promulgated by the Illinois Pollution Control Board. Such decision shall be available for public inspection at the office of the Village Clerk, and may be copied upon payment of the cost of reproduction. If there is no final action by the Village Board of Trustees within 180 days after the filing of the application for site location approval, the applicant may deem the application approved.
(3) Within seven days after the Village Board of Trustees approves or denies the application, the decision, and basis for the decision, shall be provided to the applicant in writing, and shall be further forwarded to the Illinois Environmental Protection Agency by the Village Clerk.
(4) Within 35 days after the Village Board of Trustees approves or denies the application, any appeal of the Village Board of Trustees decision (by applicant, objector, public or anyone affected by the proposal) must be filed with the Illinois Pollution Control Board.
(5) An applicant may not file an application for site location approval which is substantially the same as a request which was disapproved, pursuant to a finding against the applicant under any criteria of Section 39.2(a) of the Act (ILCS Chapter 415, Act 5, §39.2(a)), within two years of the time of the disapproval.
(Ord. 06-19, passed 6-19-2006)