(A) No sooner than 90 days but no longer than 120 days from the date of filing of the request for site approval with the city, a public hearing shall be held.
(B) Within ten working days of the date upon which a request for site approval is deemed filed, the Council shall designate a Hearing Officer to officiate at the public hearing. The Hearing Officer shall be an attorney licensed to practice law in the State of Illinois with expertise on environmental issues.
(C) Within 15 working days of the date a request for site approval is deemed filed, the Hearing Officer shall determine the date, time and location upon which 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.
(D) The Hearing Officer shall notify the City Clerk of the date upon which such hearing shall be held and shall request the Clerk to cause notice of such hearing to be made as follows:
(1) Published legal notice in a newspaper of general circulation published in LaSalle County at least three weeks prior to the date set for hearing. Such notice shall consist of the following:
(a) The name and address of the applicant requesting site location approval.
(b) The owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust.
(c) The legal description of the site.
(d) The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the community.
(e) The nature and size of thee proposed development.
(f) The nature of the activity proposed.
(g) The probable life of the proposed activity.
(h) The time and date of the public hearing.
(i) The location of the public hearing.
(j) A statement that all copies of evidence other than testimony to be submitted at the public hearing must be filed with the Clerk at least ten days before the public hearing.
(2) Certified mail, return receipt requested, to all members of the General Assembly from the district in which the proposed site is located.
(3) Certified mail, return receipt requested, to the IEPA.
(E) The Hearing Officer shall preside over the public hearing and shall make any rulings concerning the admission of evidence and the conduct of the hearing pursuant to this subchapter. The Hearing Officer shall make all decisions and rulings in accordance with fundamental fairness. The rules of evidence shall not strictly apply, but hearsay and other testimony not admissible in a civil trial may be admitted by the Hearing Officer, if more reliable evidence does not appear to be available, provided it is of the sort which a responsible person might rely upon in the conduct of serious affairs. 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 Council.
(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) Any person appearing at such public hearing shall have the right to give testimony and comment on the suitability of the site location for the proposed use. Any person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at such public hearing to cross examine any witness may be reasonably limited in time and duration by the Hearing Officer. The Hearing Officer may propound questions to any witness or to the Applicant to clarify the record established by the participants at the hearing, and to bring out relevant information.
(H) Conduct of the public hearing shall be substantially as follows:
(1) Call to order.
(2) Introduction of the Hearing Officer.
(3) Recognition of the applicant and identification of the request for site approval.
(4) Recognition of fees, notices, and date of filing of the request for site approval.
(5) Recognition of the city and other persons wishing to testify, and any other reports, exhibits, maps, or documents of record as filed pursuant to this subchapter. All persons, including members of the public, intending to testify or cross-examine must sign in or submit written notification of said intent to the Hearing Officer (c/o the Clerk) on or before the first day of the public hearing. Should the public hearing extend beyond one day, additional persons or members of the public, not of record as of the first day of the public hearing will only be allowed to present testimony or cross examine witnesses, at the discretion of the Hearing Officer. The Hearing Officer may on the first day and at appropriate later times confer with the participants and issue orders to govern, schedule and continue the proceedings.
(6) The applicant and other persons may make an opening statement. The Hearing Officer may limit the duration of such statements.
(7) Unless otherwise ordered, the Hearing Officer shall then hear testimony from the applicant and/or any witnesses the applicant may wish to call. Upon the close of the Applicants testimony, other persons may offer expert witnesses and evidence they may wish to present. These other persons may or may not be represented by counsel. Upon the close of the applicants and other persons' testimony and evidence it wishes to present. Members of the public, of record, as set forth in division (H)(5) of this section, may then present oral comment.
(8) If the city has employed an independent consulting engineering firm, a competent representative of the firm shall be available to offer testimony of the request of the city, the Applicant, or any participant, before the close of the hearing, at a time scheduled by the Hearing Officer. Such engineering firm also may file comments or recommendations, if any, at the time of filing summary statements, and may file a rebuttal statement.
(9) All witnesses shall testify under oath. Testimony may include the use of prepared statements and exhibits. All witnesses shall be subject to reasonable examination as follows: director, cross examination, redirect and recross. After all persons have presented testimony, reasonable rebuttal shall be allowed, and surrebuttal may be allowed at the discretion of the Hearing Officer.
(10) Should any issues, facts, data or other evidence arise during the course of the public hearing, which were not apparent or reasonably foreseeable by a participant from the request for site approval as filed with the city, such situation may constitute grounds for a recess in the public hearing. All recesses of the public hearing shall be at the discretion and direction of the Hearing Officer. If such evidence is tendered by the applicant, the applicant must waive the decisional deadline so as to accommodate a recess.
(11) Hearing closed.
(12) Summary closing statements, in writing, together with proposed findings of facts, to be submitted by any person.
(13) Rebuttal statements, by any person.
(14) Draft findings and recommendations of the Hearing Officer.
(15) Within five days, comments from participants upon the draft findings and recommendations.
(Ord. 737, passed 12-7-88)