(A) In order to request siting approval for a pollution control facility in this county, an applicant must file an application with the County Clerk, with a minimum of 20 original copies with 11-inch by 17-inch size attachments, two full-sized attachments, and 30 copies in electronic format. The request shall include the substance of the applicant’s proposal and all documents, if any, submitted as of that date to the state EPA pertaining to the proposed facility, except trade secrets as determined under § 7.1 of the Environmental Protection Act. Two copies of documents submitted to the IEPA shall be submitted and may be in electronic format.
(B) In addition to the foregoing, the applicant shall deposit, in the form of a certified check or negotiable money order, with the County Treasurer at the time of filing the application for approval of a pollution control facility, a filing fee in the amount listed below for the type of proposed facility.
(1) For pollution control facilities including hazardous waste landfills and transfer stations, and municipal solid waste landfills, $200,000 shall be deposited with the County Treasurer to be held in retainer by the county. All expenses duly and properly charged will be billed out on a monthly basis to be promptly paid from the funds in retainer. If at any time the funds in retainer are less than $50,000, an additional $50,000 shall be deposited with the County Treasurer. After the application hearing and all appeals are completed and all related expenses have been paid, all remaining retainer funds (if any) will be refunded to the applicant. The County Auditor shall supply an accounting of the expenditures, including copies of invoices, upon request of the applicant.
(2) For pollution control facilities including non-hazardous waste transfer stations, $100,000 shall be deposited with the County Treasurer to be held in retainer by the county. All expenses duly and properly charged will be billed out on a monthly basis to be promptly paid from the funds in retainer. If at any time the funds in retainer are less than $50,000, an additional $50,000 shall be deposited with the County Treasurer. After the application hearing is completed and all related expenses have been paid, all remaining retainer funds (if any) will be refunded to the applicant.
(3) The County Board may reduce the application fee upon petition by the applicant setting forth the reasons why a reduction is justified. The County Board must make a finding that the reduced fee will not jeopardize the ability of the county to conduct a complete and impartial public hearing. The applicant will be responsible for any cost above the reduced fee.
(4) Each modification to an application that has been submitted but not yet approved shall require additional funds to be deposited with the County Treasurer such that the funds in retainer are always greater than $50,000. The additional funds shall be applied against the reasonable and necessary costs as set forth herein above.
(C) No pollution control facility site application shall be accepted until the appropriate filing fee is paid and accompanied by a notarized statement of the appropriate corporate officials, or official legal representative of the applicant, that the applicant will pay to the county additional fees to reimburse the county monies expended in excess of the filing fee in preparing for, processing, reviewing, and evaluating the application to its final resolution.
(D) The fees collected hereunder shall be used only to defray the costs incurred by the county in connection with applications for site approval filed under the provisions of 415 ILCS 5/39.2. Any remainder after the final resolution of the application will be refunded to the applicant.
(E) The County Board has the sole discretion to determine which deposit amount is required based on how engineering intensive and/or expensive to develop a proposed pollution control facility will be.
(Ord. O-75-9-08, passed 9-11-2008)