A. The application and all documents submitted with the application shall be made available for public inspection at the office of the city clerk. Interested persons may obtain copies of the application upon payment of the actual cost of reproduction as established by the city council.
B. Any party who desires to participate in the public hearing shall file an entry of appearance, which shall include the address of the party, with the city clerk at least twenty-one days prior to the public hearing and serve a copy upon the hearing officer. Any party except the applicant shall submit all written testimony to be presented at the public hearing and all other evidence relating to the application requirements pursuant to § 8.16.040, subparagraph B, including but not limited to reports, studies, and exhibits that the party desires to submit for the record by filing the original and fifteen copies of the same with the city clerk at least ten days prior to the public hearing and by serving one copy upon the hearing officer and each party. In the event that the tenth day prior to the date set for public hearing falls on a Saturday, Sunday or holiday, the next business day shall be considered the day any appearance and/or evidence must be filed. The city clerk shall date-stamp any appearance and/or evidence upon receipt In the case of documentary evidence, any person shall be allowed to obtain copies of said evidence upon payment of the actual cost of reproduction. Any party who has pre-submitted testimony shall bring copies of that testimony and any exhibits to the public hearing.
C. Any person may file written comments on the application with the city clerk.
(1) The city clerk shall date stamp the written comment and immediately deliver one copy with the post marked envelope in which the comment was received, to the mayor.
(2) Copies of such written comments shall be made available for public inspection in the office of the city clerk and members of the public shall be allowed to obtain a copy of any written comments upon payment of the actual cost of reproduction.
(3) Any written comment received by the city clerk or postmarked not later than 30 days after the date of the last public hearing shall be made a part of the record of the public hearing.
(4) The city council shall consider all written comments filed pursuant to B. of this section in making its determination concerning the application for site approval.
D. At least one public hearing shall be held by the city council no sooner than 90 days but not later than 120 from the receipt of the request for site approval. The public hearing may be held jointly with the Illinois environmental protection agency as stipulated in the ILCS Ch. 415, Act 5, § 39.3.
(1) The city council shall cause to be published a notice in a newspaper of general circulation in Vermilion County of the date, time, and location of the public hearing, the newspaper with the largest general circulation in the county, and a local paper published in city. The city council will comply with all requirements of the Open Meetings Act when providing notice and conducting the public meeting.
(2) The city council shall notify by certified mail, all members of the general assembly from the district where the proposed site is located, the Illinois environmental protection agency and the applicant for site approval of the regional pollution control facility of the date, time and location of the public meeting.
(3) The city council shall insure that a court reporter will be present at any public hearing for purposes of establishing a record and a transcript of the proceedings.
(a) The transcript of the public hearing shall be made available for public inspection at the office of the city clerk. Interested persons may obtain copies of the transcription upon payment of the actual cost of reproduction.
(b) The office of the city clerk will maintain the transcript and make it a part of the site approval file.
E. The Mayor shall appoint with the concurrence of the city council, the hearing officer for the public hearing upon the city clerk's acceptance for filing of the completed application for site location approval The hearing officer shall preside over the public hearing and shall make any decision concerning the admission of evidence and the manner in which the hearing is conducted subject to the procedural rules for public hearing adopted by the city council.
(1) The presiding officer of the hearing shall not arbitrarily limit testimony, but may exclude matters which are irrelevant, scurrilous, slanderous or unnecessarily repetitive. The presiding officer of the hearing may establish reasonable time limits for each witness.
(2) The hearing officer may continue the public hearing if he finds additional time for testimony is necessary. A continuance of time, date and place shall be determined immediately and announced to all present.
F. After reviewing the application, written comments, transcript of the public hearing(s) and other pertinent documents, the hearing officer shall present his findings on the nine criteria established in ILCS Ch. 415, Act 5, § 39.2 and submit the record of the hearing on the petition for site approval to the full city council no sooner than 30 days after the last public hearing, but no later than 60 days after the last public hearing.
G. The hearing officer shall be responsible for keeping the record of said hearing and shall file the record with the city clerk within sixty days after the date of the last public hearing.
H. The record shall consist of the following:
(1) The completed application for site location approval as described in § 8.16,040, subparagraph B hereof.
(2) Certificate of notice given by applicant pursuant to Section 39.2(b) of said Act (ILCS Ch. 415, Act 5, § 39.2(b)).
(3) Written comments filed by any person received by the city clerk postmarked within thirty days after the date of the last public hearing.
(4) All testimony, reports, studies, exhibits, written comments or documents received into evidence at the public hearing.
(5) The written transcript of the public hearing and the daily audio and/or video tapes, if any.
(6) A summary of testimony and evidence submitted with regard to the nine point criteria required by statute.
I. The city clerk shall be responsible for certifying all copies of the record of the public hearing.
(Ord. 93-16 § IV, 1992)