(A) A minimum of 20 complete copies of requests for site approval, including 20 copies of all site plans, exhibits, and maps, shall be filed in the Office of the Lake County Clerk. Upon receipt of any such request for site approval, the County Clerk shall date stamp same and immediately deliver eight copies of the request for site approval to the Chairman of the County Board, one copy to the Office of the Lake County Administrator, one copy to the Hearing Officer, and one copy to the Lake County State’s Attorney Office. The applicant shall also file one additional copy of the request for site approval to each municipality within one and one-half miles of the proposed facility.
(B) A copy of the request for site approval shall be made available for public inspection in the Office of the Lake 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 actual cost of reproduction. All copying requests shall be fulfilled by the Lake County Clerk within a reasonable time from the time of the request.
(C) Copies of the requests for site approval shall also be made available for public inspection in each public library within one and one-half miles of the proposed facility. It shall be the responsibility of the applicant to make the copies available.
(D) Requests for site approval shall contain and be of the form as follows:
(1) A written petition on eight and one-half inch by 11-inch paper which sets forth:
(a) The identification of the applicant and owner, and if the proposed site is owned in a land trust, each beneficiary of the land trust by name and address and his or her defined interest therein;
(b) The legal description of the proposed site and a street address or some other reasonable description of where the proposed site is located;
(c) A description of the proposed facility, its operation and the expected longevity thereof;
(d) The area to be served by the proposed facility and a statement of the need for such a facility in the area;
(e) A list of the existing regional pollution control facilities located within or serving or reasonably capable of serving the area proposed to be served and, with respect to each facility, the following information shall be provided: location, size, owner and/or operator, type of pollution control facility, remaining capacity, probable life of the proposed facility, and types of wastes received;
(f) The expected types, amounts and methods of treatment or storage of all wastes proposed for the site and the origins of these wastes;
(g) A description of the geologic and hydrogeologic character of the site including core samples and monitoring plans, which shall include background analyses for groundwater, surface water, and air;
(h) Reasons supporting approval of the application; and
(i) A prayer for site approval.
(2) All documents, if any, submitted as of the date of the request for site approval to the Agency pertaining to the proposed facility, except trade secrets determined to be such pursuant to 415 ILCS 5/7.1. NOTE: The applicant need only provide five copies of the documents;
(3) A site plan showing details of the proposed facility, including but not limited to:
(a) Cross-sections;
(b) All existing wells within 500 feet of the site;
(c) All monitoring wells;
(d) Fences, buildings, and other structures;
(e) Roads, entrances, and driveways; and
(f) Core sample locations on and within 200 feet of the site.
(4) A detailed topographic survey of the subject site and the surrounding area within 500 feet which indicates land use and, if applicable, the boundary of the 100-year floodplain;
(5) A statement of the plan of operation for the proposed facility, including but not limited to the following:
(a) Method of landfilling, incineration, resource recovery, or other process;
(b) Hours of operation;
(c) Personnel;
(d) Litter, vector, dust, and odor control;
(e) Surface drainage and erosion control;
(f) Fire control;
(g) Corrective actions for spills and other operational accidents;
(h) If applicable, the stages of development or use;
(i) An end use plan;
(j) On-site methane control and monitoring protocol;
(k) Leachate control and treatment;
(l) Post-closure care and financial plan; and
(m) Overlay of on-site wetlands and mitigation plan.
(6) 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;
(7) 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 or her case to facilitate early review and analysis by all parties;
(8) Certificates of insurance verifying the insurance policies carried by the applicant to cover single accidents, such as fires, explosions, non-sudden accidental occurrences and pollution impairment arising out of the operation of the Regional Pollution Control Facility and resulting in bodily injury, property damage, or environmental impairment;
(9) If the site is a proposed hazardous waste facility, a copy of the Resource Conservation Recovery Act Contingency Plan and a copy of the Waste Analysis Plan and Contingency Plan required by the Board regulations under the Act;
(10) A statement describing the past operating experience of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), in the field of solid waste management;
(11) A statement citing the past record of all convictions or admissions of violations of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation) in the field of solid waste management. The statement shall include but not be limited to a citation of the applicable statute or ordinance violated; location of the conviction/ admission (i.e., city and state); a brief written summary of the violation or conviction; and the penalty imposed;
(12) (a) A $250,000 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 invoiced 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 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 and all additional costs;
(b) That in the event the petitioner presents a written petition for site approval of a “waste transfer station” only, that a reduced application fee in the amount of $75,000 will be accepted to cover notice costs, court reporter 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; and
(c) 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 application fee to a figure less than $10,000, the petitioner upon notice shall contribute an additional $10,000 to the application fee to cover costs as described above. Any portion of the fees, including any additional fees that remain unexpended at the conclusion of the site approval decision, shall be returned to the applicant.
(13) The pages of the application and all exhibits submitted to the county shall be consecutively numbered.
(E) 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 criteria 1 through 9 of § 50.47(B), as amended, within the preceding two years.
(F) No application for site approval shall be deemed to have been filed or accepted for filing unless all of the requirements of this subchapter, as amended, applicable thereto shall have been met and the Lake County Clerk shall not give a receipt or other indication of filing until such time as it is determined by the County Administrator that the application complies with the requirements of this subchapter, as amended.
(1) Within a reasonable period of time after delivery of an application, the Lake County Clerk shall advise the applicant either:
(a) The application is complete and that it has been accepted for filing, designating the date of filing; or
(b) The application is not complete, specifying wherein it is deficient.
(2) The acceptance of the application by the Lake County Clerk is a pro forma acceptance. The applicant is solely responsible for providing sufficient technical information to meet his or her burden of proving the criteria cited in 415 ILCS 5/39.2 as may be amended from time to time.
(G) In order to give members of the public an opportunity to make informed written comment pursuant to 415 ILCS 5/39.2(c) and to give members of the public and departments 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 (D) hereof. Failure to comply with the application requirements shall render the required information inadmissible at the public hearing.
(H) 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 $50,000 ($10,000 for transfer stations); provided, however, that the time limitations for final action by the County Board shall be extended for an additional period of 90 days.
(I) Other amendments may be made if, in the opinion of the Hearing Committee, the proposed amendment is non-substantive and a majority of the Hearing Committee (four) votes to allow the amendment.
(1977 Code, § 6:2-4) (Ord. passed 3-8-1994)