(A) No sooner than 90 days but no longer than 120 days from the date of filing of a request for site approval with the City Clerk, a public hearing shall be held by a Hearing Officer.
(B) The governing body of the city shall designate a Hearing Officer for the public hearing.
(C) The governing body of the city shall determine the date, time and location when such public hearing shall be held, but in any event the initial public hearing must be scheduled no sooner than 90 days but no later than 120 days from the date the request for site approval was filed with the City Clerk.
(D) The City Clerk shall cause notice of such public hearing to be made as required by ILCS Ch. 415, Act 5, § 39.2(d), including but not limited to the following:
(1) Notice of the public hearing shall be published twice in the Granite City Journal/Press Record with the first publication being not less than 14 days prior to the date of the public hearing. Said notice shall contain the date, time and place of the public hearing in addition to the location where the application is available for inspection and copying; and
(2) Notice to all members of the Illinois General Assembly from the district in which the proposed site is located; to the governing authority of every municipality contiguous to the proposed site or contiguous to the city, such as but not limited to the County of Madison, County of St. Clair, City of Granite City, City of Venice, City of East St. Louis, City of National City, Village of Pontoon, Village of Brooklyn, Village of Fairmont City, Venice Township, Granite City Township, Chouteau Township, Nameoki Township, Canteen Township, and East St. Louis Township; and to the Illinois Environmental Protection Agency by certified mail, not less than 15 days prior to the date of the public hearing.
(E) The Hearing Officer shall preside over the public hearing and shall made any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to terms and provisions of this chapter and the Act. The Hearing Officer shall make all decisions and rulings in accordance with § 40.01 of the Act and fundamental fairness. The Hearing Officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No ruling of the Hearing Officer shall be appealable to the governing body of the city.
(F) The applicant for site location approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use.
(G) The rules and procedures for such public hearing and the making of any decision pursuant thereto shall be as follows:
RULE 1: All reports, studies, exhibits or other evidence or copies thereof, other than testimony, which any applicant or participant who desires to submit for the record at the public hearing must be filed with the City Clerk at least five days before the public hearing and shall be available for public inspection in the office of the City Clerk.
RULE 2: The applicant and any participant shall submit a written list of proposed witnesses to the Hearing Officer at least five days prior to the commencement of the public hearing. Said witness list shall state the name, address and occupation of said witnesses and shall contain a summary of the subject matter and substance of the testimony of the witness.
RULE 3: Any applicant or participant may appear in person or be represented by an attorney. Any attorney must file a written appearance prior to the hearing and indicate thereon all participants represented. Any group or organization that desires to be a participant shall appoint a spokesperson to act on its behalf and must file a written appearance prior to the hearing.
RULE 4: The Hearing Officer is authorized to act and conduct the public hearing on behalf of the governing body of the city.
RULE 5: All exhibits shall be marked and identified for inclusions in the record but the weight of credibility and relevancy given to same shall be determined by the Hearing Officer and the governing body of the city.
RULE 6: The schedule of the public hearing and submission of evidence shall be as follows:
First: Testimony and cross-questioning of applicant witnesses. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.
Second: Testimony and cross-questioning of other participants in support of application. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.
Third: Testimony and cross-questioning of participants in opposition to the application. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.
Fourth: Inclusion in the record of written comments received prior to or at the time of the public hearing.
Fifth: Rebuttal by the applicant to any presentations, comments, or statements in opposition to the subject application.
Sixth: Adjournment, recess or continuance of the public hearing.
RULE 7: The Hearing Officer may recess or continue the public hearing as is deemed appropriate in his or her discretion.
RULE 8: The Hearing Officer and the governing body of the city shall consider any written comment received or postmarked not later than 30 days after the adjournment of the public hearing. All such written comments should be addressed to the Hearing Officer through the City Clerk, City of Madison, 1529 Third Street, Madison, Illinois 62060.
RULE 9: The governing body of the city, or any of them, may be present during the public hearing and may submit questions to the Hearing Officer for cross-questioning of any witness as provided in Rule 10. The governing body of the city will review the complete record of the public hearing, including all exhibits, documents, and written comments thereto, before making any final decision on the application.
RULE 10: Any participant, or their attorneys, may conduct cross-examination of witnesses. Any cross-examination shall be relevant to the testimony of any witness and non-duplicative of other cross-examination questions. Cross-examination of witnesses shall be permitted only during that period of time immediately following each witness' testimony.
RULE 11: A record of the proceedings and evidence submitted in the public hearing shall be made by a certified court reporter.
RULE 12: The decision of the governing body of the city will be in writing and specify the reasons therefor, such reasons to be in conformity with ILCS Ch. 415, Act 5, § 39.2(a). A copy of the final decision will be made available without charge at the Office of the City Clerk.
RULE 13: These rules shall be interpreted liberally by the Hearing Officer and by the governing body of the city for the purpose of determining the suitability of the site proposed for such new pollution control facility only in accordance with the criteria stated in ILCS Ch. 415, Act 5, § 39.2(a) and only for the purpose of considering the approval or denial of the subject application. The Hearing Officer shall have the power to vary these rules and deviate therefrom when deemed necessary by him or her in order to conduct the public hearing consistent with fundamental fairness.
(Ord. 1670, passed 6-13-2006)