A. Required Information:
1. A minimum of twenty (20) complete copies of requests for site approval, including twenty (20) copies of all site plans, exhibits, and maps, shall be filed in the office of the county clerk. Upon receipt of any such request for site approval, the county clerk shall stamp same and immediately deliver eight (8) copies of the request for site approval to the chair of the county board, and one copy to the state's attorney. The applicant shall also file one additional copy of the request for site approval for each municipality within one and one-half (11/2) miles of the proposed facility. The application shall include one set of sepia or Mylar prints and/or computer data discs of all drawings.
2. A copy of the request for site approval shall be made available for public inspection in the office of the county clerk, and members of the public shall be allowed to obtain a copy of the request for site approval or any part thereof upon payment of the cost of reproduction. All copying requests shall be fulfilled by the county clerk within a reasonable time from the time of request.
3. Requests for site approval shall be of the form as provided by the county board and shall include the following:
a. A written petition on eight and one-half inch by eleven inch (81/2" x 11") paper which sets forth:
(1) The identification of the applicant and owner; and if the proposed site is owned in a land trust, each beneficiary of such land trust by name and address and his or her defined interest therein.
(2) The legal description of the proposed site and a street address or some other reasonable description of where the proposed site is located.
(3) A description of the proposed facility, its operation and the expected longevity thereof.
(4) The area to be served by the proposed facility and a statement of the needs for such area for such a facility.
(5) A list of the existing regional pollution control facilities located within or serving or capable of serving the area proposed to be served, and with respect to each such facility, the following information shall be provided: location, size, owner and/or operator, type of pollution control facility, and types of waste received.
(6) The expected types, amounts and methods of treatment or storage of all waste proposed for the site and the origins of the waste.
(7) A description of the geological and hydrogeologic character of the site, including core samples, the monitoring plans, including background analyses for ground water, surface water and air.
(8) Financial and personal information necessary to assure the financial integrity and qualifications of the operator of the facility.
(9) Reasons for supporting approval of the application.
(10) A prayer for site approval.
b. The request for a permit made to the Illinois environmental protection agency, if any such request has been made.
c. A site plan showing details of the proposed facility including, but not limited to:
(1) Cross sections;
(2) All existing wells within five hundred feet (500') of the site;
(3) All monitoring wells;
(4) Fences, buildings and other structures;
(5) Roads, entrances, and driveways; and
(6) Core sample locations on and within two hundred feet (200') of the site.
d. A detailed topographic survey of the subject site and the surrounding area within five hundred feet (500') which indicates land use and, if applicable, the boundary of the 100-year floodplain.
e. A statement of the plan of operation for the proposed facility, including, but not limited to, the following:
(1) Method of landfilling, incineration, resource recovery or other process.
(2) Hours of operation.
(3) Personnel.
(4) Litter, vector, dust and odor control.
(5) Fire control.
(6) Corrective actions for spills and other operations accidents.
(7) If applicable, the stages of development or use.
(8) An end use plan with an explanation of how the subject land shall be returned to its preexisting condition at the end of the facility's useful life.
f. A statement or report of traffic information regarding the proposed site including the anticipated number of vehicles and their size, weight and direction of movement.
g. All physical evidence (except oral testimony) including, but not limited to, studies, maps, reports, permits or exhibits which the applicant desires the county board to consider at the public hearing. It is intended that the applicant provide a full and complete disclosure of his case to facilitate early review and analysis by all parties.
h. Certificates of insurance verifying the insurance policies carried by the applicant to cover single accidents, such as fires, explosions, nonsudden accidental occurrences and pollution impairment.
i. If the site is a proposed hazardous waste facility, a copy of the resource conservation recovery act 1 contingency plan.
j. A statement describing the past operating experiences of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), in the field of solid waste management.
k. A statement citing the past record of convictions or admissions of violations by the applicant (and 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 or ordinance violated, a brief written summary of the violation or conviction, and the penalty imposed.
l. An explanation of how the facility will affect the local government.
m. (1) A two hundred fifty thousand dollar ($250,000.00) application fee in the form of a certified or cashier's check to cover notice costs, court reporter costs, transcription costs, county consultant costs, hearing officer costs, and other expenses incurred by the county in conducting the review of the request for site approval, the subsequent public hearing, and the site approval decision; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the site approval decision, including appeals, shall be returned to the applicant. Should there be any additional costs incurred by the county over the amount paid by the applicant in the application fee, the applicant shall bear any additional costs.
(2) That in the event the petitioner presents a written petition for the site approval of a "waste transfer station" only, that a reduced application fee in the amount of fifty thousand dollars ($50,000.00) will be accepted to cover notice costs, court report costs, hearing officer costs and other expenses incurred by the county in conducting the review of the request for site approval, the subsequent public hearing and the site approval decision.
(3) That in the event that at any time prior to the conclusion of the site approval decision, the county has expended such sums as to reduce the balance of the a figure less than two thousand five hundred dollars ($2,500.00), the petitioner, upon notice, shall contribute an additional two thousand five hundred dollars ($2,500.00) to the application fee to cover costs as described above. Any portion of the fees, at the conclusion of the site approval decision, shall be returned to the applicant.
n. The pages of the application and all exhibits submitted to the county shall be consecutively numbered. (1977 Code ch. 28 § 2)
B. Disapproval Of Application; Time Limit For Refiling: An application for site approval may not be filed which is substantially the same as a request which was disapproved pursuant to a finding against an applicant under any of subsection 5-6-8B of this chapter within two (2) years from the date of decision. (1977 Code ch. 28 § 2; amd. 2009 Code)
C. Compliance With Provisions:
1. No application for site approval shall be deemed to have been filed or accepted for filing unless all of the requirements of this chapter applicable thereto shall have been met, and the county clerk shall not give a receipt or any other indication of filing until such time as it is determined by the state's attorney that the application complies with the requirements of this chapter. Within a reasonable period of time after delivery of an application, the county clerk shall advise the applicant:
a. Either that the application is complete and that it had been accepted for filing, designating the date of the filing; or
b. That the application is not complete, specifying wherein it is deficient. (1977 Code ch. 28 § 2)
2. The acceptance of the application by the county clerk is a pro forma acceptance. The applicant is solely responsible for providing sufficient technical information to meet his/her burden of proving the criteria cited in section 5/39.2(a) of the act 2 , as may be amended from time to time.
3. In order to give members of the public opportunity to make informed written comment pursuant to section 5/39.2(c) of the act 3 and to give members of the public and officials of the county an opportunity to prepare adequately and fairly for the public hearing hereinafter described, the applicant must fully comply with all application requirements as set forth in subsection A3 of this section. Failure to comply with all application requirements shall render such required information inadmissible at said public hearing. (1977 Code ch. 28 § 2; amd. 2009 Code)
D. Amended Applications:
1. At any time prior to the completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross questioning by the county board and any participants, the applicant may file not more than one amended application upon payment of additional fees in the sum of fifty thousand dollars ($50,000.00) ($10,000.00 for transfer stations). Provided, however, that the time limitations for final action by the county board shall be extended for an additional period of ninety (90) days.
2. Other amendments may be made if, in the opinion of the hearing committee, any such proposed amendment is nonsubstantive and a majority of the regional pollution control hearing committee allow such amendment. (1977 Code ch. 28 § 2)
Notes
| 1 | 1. 42 USCA § 6901 et seq. |
| 2 | 1. 415 ILCS 5/39.2(a). |
| 3 | 2. 415 ILCS 5/39.2(c). |