A. Time For Hearing: No sooner than ninety (90) days but no longer than one hundred twenty (120) days from the date of filing of the request for site approval with the county clerk, the regional pollution control hearing committee shall commence a public hearing on the application. (1977 Code ch. 28 § 5)
B. Hearing Committee: Within ten (10) business days of the date upon which an application for site approval is accepted, the chair of the county board shall designate seven (7) members of the county board who shall serve as the regional pollution control hearing committee. Two (2) members of the committee shall constitute a quorum for the purpose of holding public hearings under this chapter.
C. Date, Time And Location: Within ten (10) business days of the date the application for site approval is accepted, the chair of the county board shall set the date, time and location upon which the public hearing shall be commenced, but in any event, the initial public hearing must be scheduled no sooner than ninety (90) days but no later than one hundred twenty (120) days from the date the request for site approval was filed with the county clerk. (1977 Code ch. 28 § 5; amd. 2009 Code)
D. Notice Of Hearing: The chair of the county board shall notify the county clerk of the date upon which such hearing shall be commenced and shall request the county clerk to cause notice of such hearing to be made as follows:
1. Publish two (2) legal notices in a newspaper of general circulation published in the county. One such notice shall be published no later than sixty (60) days from the date of filing of an application, and one such notice shall be published no later than seventy five (75) days from the date of filing of an application. Such notices shall consist of the following:
a. The name and address of the person, partnership or corporation requesting site location approval.
b. The owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust.
c. The legal description of the site.
d. The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the neighborhood.
e. The nature and size of the proposed development.
f. The nature of the activity proposed.
g. The probable life of the proposed activity.
h. The time and date of the public hearing.
i. The location of the public hearing.
j. A statement that all copies of evidence other than testimony to be submitted at the public hearing must be filed with the county clerk at least ten (10) days before the public hearing.
2. Certified mail to all members of the general assembly from the district in which the proposed site is located.
3. Certified mail to the Illinois environmental protection agency.
4. Certified mail to all municipalities and townships within one and one-half (11/2) miles of the proposed facility.
5. Public hearing notice in a newspaper of general circulation published as a display ad at least once during the week preceding the public hearing. Such notice shall consist of all items described in subsection D1 of this section except for subsections D1c and D1j.
E. Hearing Officer: The state's attorney shall appoint the hearing officer for the public hearing on the request for site approval. The hearing officer shall preside over the public hearing and shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to this chapter. The hearing officer shall make all decisions and rulings in accordance with fundamental fairness. The hearing officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No ruling of the hearing officer shall be appealable to the county board.
F. Responsibility Of Applicant: The applicant for site location approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use and proof of compliance with the mandates of this chapter.
G. Testimonies: Any person appearing at the public hearing by signing a written appearance shall have the right to give testimony and comment on the suitability of the site location for the proposed use. Any person shall have the right to be represented by any attorney at the public hearing. Such attorneys shall have the right of reasonable cross examination. Opportunity for any persons appearing at such public hearing to cross question any witness may be limited by the hearing officer.
H. Conduct Of Hearing: Conduct of the public hearing shall be substantially as follows:
1. Call to order.
2. Introduction of the hearing committee and hearing officer.
3. Recognition of the applicant and identification of the request for site approval.
4. Recognition of the fees, notices, and date of filing of the request for site approval.
5. Recognition of the county and other parties wishing to testify and any other reports, exhibits, maps, or documents of record as filed pursuant to this chapter. All parties, including members of the public, intending to testify or cross examine must sign in or submit written notification of said intent to the regional pollution control hearing committee (c/o the county board) on or before the first day of the public hearing. Should the public hearing extend beyond one day, additional parties or members of the public, not of record as of the first day of the public hearing, will not be allowed to present testimony or cross examine.
6. The applicant, the county, and other parties may make an opening statement.
7. The committee shall then hear testimony from the applicant and any witnesses the applicant may wish to call. Upon the close of the applicant's testimony, other parties may offer expert witnesses and evidence they may wish to present. These other parties may or may not be represented by counsel. Upon the close of the applicant's and other parties' testimonies and evidence, the county may present any witnesses and evidence it wishes to present. Members of the public, of record, as set forth in subsection H5 of this section, may then present oral comment to the hearing committee. The hearing officer shall decide the order of presentation of testimony subject to this chapter.
8. All witnesses shall testify under oath. Testimony may include the use of exhibits. All witnesses shall be subject to cross, redirect, recross, etc. After all parties have presented testimony, reasonable rebuttal, surrebuttal, etc., may be allowed at the discretion of the hearing officer. (1977 Code ch. 28 § 5)
9. Should any issues, facts, data, or other evidence arise during the course of the public hearing, which were not apparent or reasonably foreseeable by a party from the request for site approval as filed with the county clerk, such situation may constitute grounds for a recess in public hearing for a period not to exceed five (5) business days. (1977 Code ch. 28 § 5; amd. 2009 Code)
10. Summary statements by applicant, other parties and the county, subject to limitations as imposed by the hearing officer.
11. Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the hearing officer.
12. Hearing closed. (1977 Code ch. 28 § 5)