(A) After the public hearing and any continuation thereof, the Regional Pollution Control Hearing Committee shall hold a public review meeting for purposes of establishing findings of fact and a recommendation concerning the site approval request. Any findings of fact and recommendation shall be supported by the record and shall be presented to the Planning and Development Department which shall in turn submit same to the full County Board at least within 180 days from the County Clerk’s receipt of the site approval request.
(B) An applicant for local siting approval shall submit sufficient details describing the proposed facility to demonstrate compliance, and local siting approval shall be granted only if the proposed facility meets the criteria set forth in 415 ILCS 5/39.2 as are now in effect and as may be amended from time to time which criteria are hereby adopted by this county in approving or denying the local siting application. The County Board may also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation) in the field of solid waste management when considering criteria (ii) and (v) under 415 ILCS 5/39.2(a). If the facility is subject to the location restrictions in 415 ILCS 5/22.14 of this Act, compliance with that Section shall be determined as of the date the application for siting approval is filed.
(C) The Board shall consider the record from the public hearing and the findings of fact and recommendations of the Regional Pollution Control Hearing Committee and shall make a decision concerning a site approval request at least within 180 days from the Clerk’s receipt of the site approval request. The County Board may conditionally approve any request for site approval provided such conditions are not inconsistent with regulations promulgated by the Illinois Pollution Control Board. Any determination by the County Board shall be supported by the record. Decisions of the County Board must be in writing, specifying the reasons for the decision, such reasons to be in conformance with division (B) above. Such decision shall be available for public inspection at the County Board Office and may be copied upon payment of the actual cost of reproduction. If there is no final action by the county board within 180 days after the date on which it received the request for site approval, the applicant may deem the request approved.
(D) No determination by the County Board of a site approval request may be reconsidered.
(E) Approval granted under this section shall expire at the end of two calendar years from the date upon which it was granted, unless the approval granted under this section is for a sanitary landfill operation, in which case the approval shall expire at the end of three calendar years from the date upon which it was granted, and unless within that period the applicant has made application to the agency for a permit to develop the site. In the event that the local siting decision has been appealed, such expiration period shall be deemed to begin on the date upon which the appeal process is concluded.
(F) Siting approval obtained pursuant to this section is transferable and may be transferred to a subsequent owner or operator. In the event that siting approval has been transferred to a subsequent owner or operator, that subsequent owner or operator assumes and takes subject to any and all conditions imposed upon the prior owner or operator by the county board of the county pursuant to this section. However, any such conditions imposed pursuant to this section may be modified by agreement between the subsequent owner or operator and the appropriate county board. Further, in the event that siting approval obtained pursuant to this section has been transferred to a subsequent owner or operator, that subsequent owner or operator assumes all rights and obligations and takes the facility subject to any and all terms and conditions of any existing host agreement between the prior owner or operator and the appropriate county board.
(1993 Code, § 111.37) (Ord. 89-3, passed 3-15-1989)