(A) No site approval for a facility within the village may be granted by the Village Board unless an application is submitted to and received by the Village Clerk and a public hearing is held before the Village Board.
(B) On or before the 180th day following the date the application is submitted to and received by the Village Clerk (or, if an amendment to the application is submitted to the Village Clerk, on or before the 270th day following the date the application is submitted to and received by the Village Clerk), the Village Board shall, by written resolution, upon the vote of a majority of its members, decide whether to:
(1) Approve the application, without any conditions;
(2) Approve the application with conditions on such approval, provided such conditions are reasonable and necessary to accomplish the purposes of ILCS Ch. 415, Act 5, § 39.2 and are not inconsistent with the regulations promulgated by the Illinois Pollution Control Board; or
(3) Deny the application.
(C) The Village Board shall state in its decision its findings as to whether the applicant has established, and whether the public record supports the establishment of each of the following criteria as required by the Act:
(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 the incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
(4) For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year flood plain or the site is floodproofed; and for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain, or if the facility is a facility described in ILCS Ch. 415, Act 5, § 22.19a(b)(3), the site is floodproofed;
(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;
(6) The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows;
(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) The consistency of the facility with the County's Solid Waste Management Plan, including any updates of that plan;
(9) If the facility is located in a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.
(D) In making its decision, the Village Board shall only consider the portions of the public record timely submitted to and received by the Village Clerk. The Village Board may consider proposed Ordinances, findings of fact, and recommendations of law submitted to the Village Clerk as summaries of and recommendations concerning, as applicable, evidence and comments in the public record.
(E) No determination by the Village Board of an application may be reconsidered, except to the extent it is remanded on appeal and the Village Board is directed by the Illinois Pollution Control Board or Illinois Appellate Court to do so.
(F) Any Village Trustee may be excused from participation upon demonstration of any disqualifying direct and personal interest in the property or the affairs of the applicant or of any objecting participant to the proceeding.
(Ord. 2088-23, passed 12-5-23)