(A) An application for site location approval of a new pollution control facility shall be made in writing and filed with the County Clerk. The application shall contain the information set forth in this section and shall be divided into nine subsections corresponding to the nine criteria set forth in § 39.2(b) of the Act. A tenth subsection shall be included that provides additional documentation to be submitted.
(B) Specific information by criteria.
(1) Subsection One. The application shall contain sufficient detail to demonstrate that the proposed facility is necessary to accommodate the waste needs of the area that it is intended to serve. Subsection One shall include but is not limited to the following:
(a) A map showing the extent of the service area the facility is intended to serve and a statement of that area's waste management needs.
(b) A study performed by an experienced solid waste professional establishing that the proposed facility is necessary to accommodate the needs of the service area. The subsection shall include the qualifications of the individual or company that completed the study. Minimum requirements of the study are:
1. A calculation of the current amount of waste generated and disposed within the service area and an estimate of the amount of waste to be generated and disposed within the service area for the next 20 years.
2. A calculation of the current amount of waste exported out of and imported into the service area.
3. A calculation of the capacity of the proposed facility, the estimated daily volume of waste to be received and the source of said waste, and the estimated duration of operation at the proposed facility.
4. If applicable, the estimated daily volume of waste to be transported from the facility and the anticipated destination(s) and percentage of waste to each destination.
5. A description of the type(s) of waste to be received.
6. A calculation of the permitted landfill disposal capacity and permitted transfer station capacity available within the service area.
7. An economic benefit analysis for the service area if the facility is sited.
(c) A description of the proposed facility, its operation and the expected longevity thereof.
(d) A list of the existing and permitted-for-development pollution control facilities located within or serving or reasonably capable of serving the area proposed to be served and, with respect to each such facility, to the extent such is reasonably available, the following information shall be provided: location, size, owner and/or operator, type of facility, remaining capacity, annual permitted or design capacity for waste/material throughput, probable life of the proposed facility, publicly announced or filed facility expansions, and generic types of wastes received and authorized to be received.
(e) A description of the expected types, amounts, and methods of disposal, treatment or storage of all wastes proposed to be received at the facility and the expected generating sources and geographical locations of these wastes in general.
(2) Subsection Two. The application shall contain sufficient detail to demonstrate that the proposed facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. The study shall be performed under the direction of a Professional Engineer registered in the State of Illinois. The subsection shall include the qualifications of the individual and company that completed the study. Subsection Two shall include but is not limited to the following:
(a) The subsection shall contain all applicable information required by the Act and the Pollution Control Board regulations for development permit applications.
(b) The subsection shall contain an aerial photograph depicting a 1,500 foot radius from the proposed facility. The subsection shall also include a site plan showing details of the proposed facility including but not limited to:
1. All existing and publicly disclosed or recorded wells;
2. Fences, buildings and other structures;
3. Roads, entrances and driveways; and
4. Flow of traffic and waste/materials through the site and facility.
(c) Elevation views of the proposed facility from the north, south, east and west.
(d) All documents, if any, submitted, as of the filing date, to the Illinois Environmental Protection Agency pertaining to the proposed facility, except trade secrets determined to be such pursuant to the Act and Illinois Pollution Control Board regulations.
(e) The subsection shall include a demonstration and determination that all applicable location standards in the Act and the Pollution Control Board regulations have been met.
(f) A statement of the plan of operation for the proposed facility, including but not limited to the following:
1. Methods of waste and material transferring at the facility and ultimate management of all waste and/or materials accepted at the facility;
2. Days and hours of operation and daily cleanup procedures to be used at the site or facility;
3. Personnel, including number and duties of employees, and including person(s) directly responsible for operations of the site or facility;
4. Litter, vector, dust and odor control;
5. Stormwater calculations to demonstrate that all county ordinances and standards are met by the site plan; surface drainage and erosion control;
6. Fire plan per applicable fire protection district requirements. Also a site plan which shall indicate but not be limited to, site access, site utilities, detention basin with normal and high water levels, road improvements, site geometry and building location;
7. Corrective actions for spills and other operational accidents;
8. If applicable, the stages of development or use;
9. A closure plan; an end use and a post-closure care plan is also required if waste is intended to remain at the site after closure is completed;
10. Equipment utilized, each item's function, physical description, capacity and number of units used in the operations;
11. Description of type of waste to be received, i.e., municipal solid waste and commercial waste, landscape waste, construction and demolition debris, and the like. Description of prohibited wastes and wastes to be received which will require special handling (asbestos, landscape waste, and the like);
12. Methods used to screen each load of waste coming into the site to assure only municipal solid waste is received, or, if other waste types are to be received, describe segregation procedures;
13. Methods used to transfer and dispose of generated waste such as wash down liquids, residues, run off, and the like. Include any documentary evidence of the site or third party acting as the repository of the wastes, such as permits issued by the Illinois EPA Bureau of Water or waste stream authorizations;
14. Alarms and firefighting equipment as well as a contingency or action plan to be implemented in the event of an emergency. All applications must contain a description of, and a plan sheet showing:
a. Any primary or secondary containment control system, i.e., embankments, dikes or internal drainage systems;
b. Capacity of the containment system relative to the number and volume of containers or maximum quantity of waste in the building;
15. Description of the site or facility inspection procedures and provide an inspection schedule. Describe how leaking containers will be managed, and procedures for managing and removing unauthorized wastes;
16. Description of procedures for managing surface water (run-on/run-off) during construction and operation;
17. Recycling:
a. Describe the type(s) of recycling and/or salvaging at the facility. Indicate storage areas for recyclables on plans. Describe minimum frequency of removal for each recyclable material.
b. Storage information for recyclable materials (may be provided in narrative form):
(i) Physical location. Surface area must be described. List materials to be stored and cross reference the type of storage with location on map of developed site. For any tanks, indicate if located above grade or below grade.
(ii) Refuse volume. Include maximum daily volume and annual projected volume for each recyclable material.
(iii) Number of containers. Provide the maximum number of containers in the storage area as well as any proposed stacking scheme.
(iv) Duration of storage. Turnover rate or frequency of removal.
(v) List plan to ensure that materials are not accumulated speculatively.
(vi) Design. Describe how materials will be sorted. Include the method to assure salvaged materials are free of waste and will not cause environmental problems during storage.
(3) Subsection Three. The application shall contain sufficient detail to demonstrate that the proposed 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. Subsection Three shall include but is not limited to the following:
(a) A land use study shall be performed by a qualified person who will consider the proposed facility and its compatibility with the surrounding land uses. The subsection shall include the qualifications of the individual and company that completed the study. The study shall include, but not be limited to:
1. An exhibit showing the land uses and zoning designations within a one-mile radius of the proposed site and all airports within five miles of the site.
2. Typical photographic views of the proposed site from selected residences and commercial/industrial establishments within one mile of the boundary of the proposed facility which fairly depict the site from each direction.
3. A description of the landscape plan to be implemented at the proposed facility to minimize the incompatibility with the surrounding area during the operating life of the facility. The landscape plan shall include the final design grades of the facility.
4. A description of the proposed use of the site after the pollution control facility is closed.
5. A description of the development of the site and the surrounding area and current trends of development in the surrounding area and the proposed facility's impact on those trends.
(b) A property value impact study shall be performed by a certified real estate appraiser to determine the effects on property values in the surrounding areas. The subsection shall include the qualifications of the individual and company that completed the study. The study shall include, but not be limited to, a description and analysis of factors relating to the proposed site that may impact property values in the area along with a description of the design features and operating procedures that will be used to minimize the impact on property values.
(4) Subsection Four. The application shall contain sufficient detail to demonstrate that (A) 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 that the site is flood-proofed; (B) for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain, or if the facility is a facility described in subsection (b)(3) of § 22.19a of the Illinois Environmental Protection Act (415 ILCS 5/22.19a), or that the site is flood-proofed. Subsection Four shall include but is not limited to the following:
(a) A map prepared by a professional engineer registered in the State of Illinois showing the proximity of any 100-year flood plain to the proposed site.
(b) For a facility other than a landfill or waste disposal site or a facility described in subsection (b) of § 22.19a of the Illinois Environmental Protection Act (415 ILCS 5/22.19a), if the site is located in the 100 year flood plain, design drawings and calculations prepared by a professional engineer registered in the State of Illinois shall be required as evidence that the site is flood-proofed.
(c) A detailed topographic survey of the subject site and the surrounding area within 500 feet which indicates land use.
(5) Subsection Five. The application shall contain sufficient detail to demonstrate that the proposed plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other accidents. Subsection Five shall include but is not limited to the following:
(a) A fire protection plan that includes, but is not limited to, maintaining a supply of water on-site and radio or telephone access to the nearest fire department.
(b) A load checking program for detecting and preventing the disposal of hazardous waste in non-hazardous waste facilities.
(c) An accident prevention plan designed to prevent spills and other accidents that may occur on the site. The plan shall include but is not limited to providing emergency response instructions, spill prevention and clean-up methods, and worker safety instructional plans.
(6) Subsection Six. The application shall contain sufficient detail to demonstrate that the proposed traffic patterns to and from the facility are so designed as to minimize the impact on existing traffic flows. Subsection Six shall include a traffic impact study performed by an experienced traffic engineer who is registered as a professional engineer in the State of Illinois. The subsection shall include, but is not limited to:
(a) A statement of the qualifications of the individual and company that completed the study;
(b) A map showing all roads and highways along with their respective classifications within one mile of the site that will be used by traffic generated by the proposed facility;
(c) Volume counts taken within the past six months for the roads and highways indicated in (b) above;
(d) A gap analysis indicating the time intervals for ingressing and egressing the facility;
(e) A survey of accidents within the past five years that may indicate problem intersections or roads;
(f) A calculation of average and peak traffic flows that will be generated by the proposed site; and
(g) A statement or report of traffic information regarding the proposed site including the anticipated number and hourly concentration of vehicles and their size, weight and direction of movement.
(7) Subsection Seven. The application shall contain sufficient detail to demonstrate that if the proposed 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. The subsection shall include the qualifications of the individual and company that completed the study. Subsection Seven shall include, but not be limited to the following:
(a) Certification that hazardous waste will not be treated, stored, or disposed of on site; or
(b) A proposed emergency response plan for the site which shall include, but not be limited to:
1. Provision for the notification of appropriate agencies and personnel in the event of a release or substantial threat of a release;
2. Containment and removal procedures; and
3. Evacuation procedures for the facility and the surrounding area.
(8) Subsection Eight. The application shall contain sufficient detail to demonstrate that the proposed facility is consistent with the Lake County Solid Waste Management Plan, as amended and updated. The subsection shall include the qualifications of the individual and company that completed the study.
(9) Subsection Nine. The application shall contain sufficient detail to demonstrate that if the proposed facility will be located within a regulated recharge area, all applicable requirements specified by the Pollution Control Board for such areas have been met. Subsection Nine shall include but is not limited to the following:
(a) Evidence and documentation that any requirements specified by the Pollution Control Board have been met; or
(b) Evidence and documentation that the facility will not be located in a regulated recharge area.
(10) Subsection Ten. The application shall include the following information:
(a) A statement describing the past operating experience of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), with respect to the type of solid waste management facility or solid waste management operations which are the subject of the request for site location approval, such statement to identify, at a minimum, each such past or current operating facility in Illinois, which has received solid waste at any time during the past ten years. Such statement shall also identify particularly the applicant's experience at applicant-designed-and-constructed facilities within the three-state area and the applicant's prior experience with any unusual design or operational features of the proposed facility.
(b) Documentation of past record of findings of violations, convictions, or admissions of violations of the applicant (and any subsidiary or parent corporation) in the field of solid waste management when considering criteria two and five as defined by § 39.2(a) of the Act. The application shall include a clear listing of the following information for the state of Illinois in the last five years:
1. All findings, convictions, or admissions of violations, either criminal or civil, of any foreign, federal, state, or local environmental regulation or statute of (a) the applicant, (b) any subsidiary corporation of the applicant, (c) any parent corporation of the applicant in the field of solid waste management, and (d) any subsidiary of the parent corporation.
2. Description of solid waste management program operated at the facility which involved the finding(s), conviction(s), or admission(s) of violation(s).
3. Enforcement action, if any, taken by government entity involved.
4. Remedial action taken at site, if any, including cost thereof.
(c) State whether or not the applicant or operator has ever involuntarily closed a pollution control facility, the location of said facility, and the date on which the process of closing started and the date on which it was completed.
(d) 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 pollution control facility and resulting in bodily injury, property damage, or environmental impairment.
(e) A copy of all host agreements entered into for the proposed new pollution control facility.
(C) The application shall meet the following requirements:
(1) Shall be typed on paper 8½ inch x 11 inch, and if necessary 11 inch by 17 inch, in size (except engineering plans and other drawings and plans) and shall be securely bound on the left side.
(2) Shall include all information specified in division (B) above and shall be divided into clearly-marked sections with dividers. Exhibits and drawings shall be clearly marked with respect to which section and subsection they pertain. The pages of the application and all exhibits submitted to the county shall be consecutively numbered and shall specify the section number.
(3) Shall be signed by the applicant, or if the application is filed by a corporation, it shall be signed an authorized officer of the applicant.
(4) Shall include a face sheet containing only the following information:
(a) A statement that it is an application for approval of a site for a new pollution control facility;
(b) A statement indicating whether it is an application for a waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste incinerator, or any combination thereof, or any other type of pollution control facility governed by the Act;
(c) The name of the applicant;
(d) The principal business address and telephone number of the applicant; and
(e) The name, title, address, telephone number, and email address of the person designated by the applicant as its agent for service of notices.
(5) Shall be sworn under oath by the applicant, or if a corporation, the authorized officer thereof, which shall state that the person signing the application has reviewed the application, that they know the contents thereof, and that the statements made therein are true to the best of their knowledge.
(6) A minimum of ten complete copies of requests for site approval, including ten copies of all site plans, exhibits, and maps shall be filed. The applicant shall also produce 30 USB flash drives of the entire application in .pdf or other searchable electronic format so that the application can be uploaded to the county website and so that read-only copies of the application may be provided to the County Board and county staff.
(D) Upon receipt of a complete application for site approval, the County Clerk shall date stamp same and immediately deliver seven copies plus all electronic format submissions of the application to the County Administrator. No application for site approval shall be deemed complete unless the application fees have been paid.
(E) A copy of the application and all related documents or other materials on file shall be made available for public inspection in the Office of the County Clerk during normal business hours. Additionally, the Lake County Administrator shall cause a copy of the application and all related documents and materials on file to be available on Lake County's website. Members of the public shall be allowed to obtain a copy of the application or any part thereof upon payment of the actual cost of reproduction. All copying requests shall be fulfilled by the County Clerk within a reasonable time from the time of the request.
(F) The applicant shall provide one additional copy of the application to each municipality within one and one-half miles of the proposed facility. Applicant shall also provide a copy of the application for site approval to be made available for public inspection to each public library within one and one-half miles of the proposed facility.
(G) 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 criteria of § 39.2(b) of the Act, as amended, within the preceding two years.
(H) 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 their burden of proving the criteria cited in 415 ILCS 5/39.2, as may be amended from time to time.
(I) 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 comply with all applicable application requirements as set forth in division (B) hereof. Failure to comply with the application requirements shall render the required information inadmissible at the public hearing.
(J) 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 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.
(K) Other amendments may be made if, in the opinion of the Hearing Officer, the proposed amendment is non-substantive.
(Ord. 24-0593, passed 5-14-2024)