(A) A minimum of 17 complete copies of requests for site approval, plus one additional copy for each municipality contiguous to the proposed site, all including copies of all site plans, exhibits and maps, shall be filed in the office of the County Clerk. Upon receipt of any such request for site approval, the Clerk shall date stamp same and immediately deliver 12 copies of the request to the County Board Office, one copy to the Administrator of the Building and Zoning Department, one copy to the Hearing Officer, one copy to the State’s Attorney, one copy to the Superintendent of Highways and one copy to each municipality contiguous to the proposed site.
(B) A copy of the request for site approval shall be made available for public inspection in the office of the 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 Clerk within a reasonable time from the time of the request.
(C) Requests for site approval shall be of the form as provided by the County Building and Zoning Department and shall include the following:
(1) A written petition on eight and one-half by 11 inch paper which sets forth:
(a) The identification of the applicant and owner, and if the proposed site is owned in trust, the beneficiaries;
(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 needs of such area for such a facility;
(e) A list of the existing regional pollution control facilities within the area proposed to be served and, with respect to each such facility, the following information shall be provided: location, size, owner and/or operator, type of pollution control facility, remaining capacity, probable life of the existing 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, the monitoring plans, including any background analyses for groundwater, surface water and air;
(h) Reasons supporting approval of the application including meeting the criteria set forth in 415 ILCS 5/39.2(a); and
(i) A prayer for site approval.
(2) The request for a permit made to the Illinois Environmental Protection Agency, if any such request has been made;
(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 as determined by the Illinois Department of Transportation;
(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; and
(i) End use 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 studies, maps, reports, permits or exhibits which the applicant desires the Board to consider at the public hearing;
(8) A description of the insurance policies carried by the applicant to cover single accidents, such as fires or explosions and non-sudden accidental occurrences;
(9) If the site is a proposed hazardous waste facility, a copy of the Resource Conservation Recovery Act Contingency Plan, 40 C.F.R. §§ 24, 265 and 279; and
(10) A $75,000 application fee to cover notice costs, court reporter costs, transcription costs, county consultant 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; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the hearing process 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.
(D) No application for site approval shall be deemed to have been filed or accepted for filing unless all of the requirements of this chapter applicable thereto shall have been met and the Clerk shall not give a receipt or other indication of filing until such time as it is determined that the application complies with the requirements of this chapter. Within a reasonable period of time after delivery of an application, the Clerk shall advise the applicant that:
(1) Either the application is complete and that it has been accepted for filing, designating the date of filing; or
(2) The application is not complete, specifying wherein it is deficient.
(E) 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 division (C) above. Failure to comply with the application requirements shall render such required information inadmissible at the public hearing.
(F) At any time prior to completion by the applicant of the presentation of the applicant’s factual evidence and an opportunity for cross-questioning by the Board and any participants, the applicant may file not more than one amended application upon payment of additional fees as required by the Board. However, the time limitation for final action set forth in § 111.37(C) shall be extended for an additional period of 90 days.
(G) An applicant may not file a request for local siting approval which is substantially the same as a request which was disapproved pursuant to a finding against the applicant under any of criteria in division (C)(1) through (C)(9) of this section within the preceding two years.
(H) No later than 14 days before the date on which the County Board receives a request for site approval, the applicant shall cause written notice of such request to be served either in person or by registered mail, return receipt requested, on the owners of all property within the subject area not solely owned by the applicant, and on the owners of all property within 250 feet in each direction of the lot line of the subject property, said owners being such persons or entities which appear from the authentic tax records of the county in which such facility is to be located; provided, that the number of all feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further, that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. Such written notice shall also be served upon members of the General Assembly from the legislative district in which the proposed facility is located and shall be published in a newspaper of general circulation published in the county in which the site is located. Such notice shall state the name and address of the applicant, the location of the proposed site, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for site approval will be submitted, and a description of the right of persons to comment on such request as hereafter provided.
(I) If, prior to making a final local siting decision, the County Board has negotiated and entered into a host agreement with the local siting applicant, the terms and conditions of the host agreement, whether written or oral, shall be disclosed and made a part of the hearing record for that local siting proceeding. In the case of an oral agreement, the disclosure shall be made in the form of a written summary jointly prepared and submitted by the County Board or governing body of the municipality and the siting applicant and shall describe the terms and conditions of the oral agreement.
(1993 Code, § 111.31) (Ord. 89-3, passed 3-15-1989; Ord. 2024-01, passed 3-5-2024)