(A) In addition to the federal, state, and local requirements for siting and permitting pollution control facilities, it shall be the policy of the county to require an applicant proposing the expansion of an existing pollution control facility or the siting of a new pollution control facility located in an unincorporated area of the county to enter into a host agreement with the county prior to filing a siting application pursuant to § 39.2 of the State Environmental Protection Act.
(B) The host county agreement may include but not be limited to the following provisions:
(1) No regulated hazardous waste shall be accepted for final disposal at the pollution control facility;
(2) A guarantee of extended disposal capacity for the county’s non-hazardous solid waste and non-hazardous special waste (contingent upon the pollution control facility having proper permits from the EPA). The duration of the capacity guarantee will be agreed upon by the pollution control facility applicant and the county;
(3) A property value protection program for existing homes within a site specific distance;
(4) A domestic water well protection plan for existing water wells within a site specific distance;
(5) An indemnification agreement that will indemnify and hold harmless the county and its officers, agents, employees, and other appropriate parties from liability associated with any and all operations at the pollution control facility;
(6) Payment of a host fee to the county, which shall be calculated as a percentage of revenues or on a per ton basis. If the fee is calculated on a per ton basis, the per ton host fee will be adjusted annually based on the appropriate Consumer Price Index for the county. The host fee may be in addition to the local solid waste management surcharge as allowed under § 22.1;
(7) An assignment of rights clause that will allow the County Board authority to approve or disapprove any transfer of ownership or other interest in the pollution control facility;
(8) If the pollution control facility is not publicly owned, an environmental contingency fund or an alternative environmental protection plan must be established. The environmental contingency fund or environmental protection plan is in addition to the financial assurance requirements of the state and federal regulations;
(9) A procedure for enforcing the terms of the host county agreement; and
(10) Other provisions to be negotiated.
(Ord. O-31-12-95, passed 12-14-1995)