8.16.060 City council approval.
   A.   No sooner than thirty days after the last public hearing, but no later than one hundred and seventy days from the receipt of the request for site approval, the city council shall, at a regular or special meeting, approve or deny the application or a regional pollution control facility site.
   B.   After receiving the report of the hearing officer and reviewing the application, written comments, record, and other pertinent documents, the city council shall base its decision on the application for a regional pollution control facility site location only in accordance with the following criteria:
      (1)   The facility is necessary to accommodate the waste needs of the area it is intended to serve;
      (2)   The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
      (3)   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;
      (4)   The facility is located outside the boundary of the one hundred year flood plain as determined by the Illinois department of transportation, or the site is flood-proofed to meet the standards and requirements of the Illinois department of transportation and is approved by that department;
      (5)   The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents. The city council may consider any statement citing the past record, if any, of convictions or admissions of violations of the applicant and any subsidiary, parent corporation or subsidiary of the parent corporation of any civil or criminal law or administrative regulation for acts occurring during the ownership and operation of said facility by applicant or any subsidiary parent corporation or subsidiary of the parent corporation. Said statement shall include, but not be limited to, a citation of the applicable statute of ordinance violated, a brief written summary of the violation or conviction and the penalty imposed.
      (6)   The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows; and
      (7)   If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release.
      (8)   If the facility is to be located in a county where the county board has adopted a solid waste management plan, the facility is consistent with that plan.
      (9)   If the facility will be located within a regulated recharge area, any applicable requirements specified by the Board for such areas have been met.
   C.   In granting approval for an application, the City Council may include conditions that are reasonable and necessary to accomplish the purpose of ILCS Ch. 415, Act 5, § 39.2, or that are consistent with the pollution control board regulations.
   D.   A statement of the decision, reasons for the decision based on the nine criteria, and conditions imposed by the city council shall be made in writing.
      (1)   The Illinois environmental protection agency and the applicant shall be notified by registered mail of the city council's decision and the conditions imposed.
      (2)   The decision, reasons for the decision and the conditions imposed by the city council shall be made available for public inspection at the office of the city clerk and may be copied upon payment of the actual cost of reproduction as established by the city council.
   (E)   If there is no final action by the city council within one hundred and eighty days after the filing of the request for site approval, the applicant may deem the request approved.
(Ord. 93-16 § V, 1992)