(A) From time to time the City Council may schedule meetings with the Hearing Officer to discuss questions relevant to the proceedings. These shall be meetings which, while transcribed and open to the public, are intended for council deliberation and discussion only, and shall not involve public participation. Individual Council members may also attend public hearings and may individually confer with the Hearing Officer.
(B) After the close of testimony and comment at the public hearing and any continuation thereof, the Hearing Officer shall recommend findings of fact and a recommendation for disposition of the request for site approval supported by the record, and shall submit same to the full Council no later than 165 days from the date of filing of the site approval request. Within five days thereafter, participants may file comment upon the recommendations of the Hearing Officer.
(C) The Hearing Officer shall base his recommendation only on the following criteria:
(1) The facility is necessary to accommodate the waste needs of the area it is intended to serve;
(2) The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
(3) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
(4) The facility is located outside the boundary of the 100-year flood plain, or the site is flood proofed.
(5) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; and
(6) The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows.
(7) If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release.
(8) If the facility will be located within a regulated recharge area, any applicable requirements specified by the Board for such areas have been met.
(9) If the facility is to be located in a county where the county board has adopted a solid waste management plan, the facility is consistent with that plan.
(D) The Council shall consider the record from the public hearing and the recommendations of the Hearing Officer and shall make a determination concerning a site approval request at least within 180 days from the date of filing of the site approval request. The city may impose conditions which are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act, provided such conditions are not inconsistent with regulations promulgated by the Illinois Pollution Control Board. Any determination by the city shall be in writing, supported by the record, based solely on the criteria set forth in Section 39.2 of the Act, and shall contain the city's reasons for making such determination. The Hearing Officer may assist the Council with the development of the final decision document.
(E) The decision of the majority of the Council shall be final. No determination by the city of a site approval request may be reconsidered, except as necessary in accordance with further proceedings under the Environmental Protection Act.
(F) The deadlines herein shall be deemed directory and not mandatory, and discretion of the Council or Hearing Officer may be exercised in the interest of fairness, provided that there can be no extension of the final decisional deadline unless a written waiver thereof is filed by the applicant or the applicant's attorneys.
(G) No application may be withdrawn after the commencement of the public hearings without permission of the City Council, unless the withdrawal is with prejudice. The Council may permit withdrawal without prejudice only for good cause shown, and may condition such withdrawal upon payment of reasonable fees and expenses of the participants (and the city).
(Ord. 737, passed 12-7-88)