§ 52.49  CITY COUNCIL APPROVAL.
   (A)   No sooner than 30 days after the last public hearing; but no later than 180 days from the receipt of the application for site approval, the City Council shall, at a regular or special meeting, approve or deny the application for a new pollution control facility site.
   (B)   After reviewing the recommendation of the hearing officer, the City Council shall base its decision on the application for a new pollution control facility in accordance with ILCS Ch. 415, Act  5, § 39.2(a), as follows:
      (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;
      (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 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; and
      (9)   If the facility will be located within a regulated recharge area, any applicable requirements specified by the City Council for such areas have been met;
      (10)   The City Council may also consider as evidence the previous operating experience and the past records of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation) of any state and/or federal Pollution Control Facilities (PCF) laws, policies, and regulations.
   (C)   A statement of the decision, reasons for the decision based on the criteria, and conditions imposed by the City Council shall be made in writing. The Illinois Environmental Protection Agency and the applicant shall be notified by registered mail of the decision.
   (D)   The City Council's written decision and any imposed conditions shall be made available for public inspection at the office of the City Clerk and may be copied upon payment of the actual cost of reproduction.
   (E)   If there is no final action by the City Council within 180 days of the filing of the application for site approval, the applicant may deem the request approved.
(Ord. 2001-5096, passed 12-21-2001)