(A) Once the Hearing Officer has made his written report containing the public record, the report shall be submitted to the Board of Trustees for its decision as to the ultimate approval or disapproval of the proposed site location. Five copies of the record of the public hearing shall also be made available to the Board of Trustees as soon as the transcript becomes available.
(B) The Board of Trustees shall make a decision based on the record from the public hearing. The decision of the Board of Trustees shall be by resolution in writing, specifying the reasons for the decision, such reasons to be in conformity with Section 39.2(a) of the Act (415 ILCS 5/1). In granting site location approval, the Board of Trustees may impose such conditions as may be reasonable and necessary to accomplish the purposes of the Act to the extent that the conditions are not inconsistent with the Act and the regulations promulgated by the Illinois Pollution Control Board. Such decisions shall be available for public inspection at the office of the Village Clerk and may be copied upon payment of the cost of reproduction. If there is no final action by the Board of Trustees within 180 days after the filing of the application for site location approval, the applicant may deem the application approved unless the time for approval has been extended for an additional period of 90 days pursuant to the Act and this chapter.
(C) An applicant may not file an application for site location approval which is substantially the same as a request which was disapproved, pursuant to a finding against the applicant under any criteria (a) through (i) of division (E) above, and of Section 39.2(a) of the Act (415 ILCS 5/1), within 2 years.
(D) Siting approval obtained pursuant to this chapter 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 Village. However, any such conditions imposed pursuant to this section may be modified by agreement between the subsequent owner or operator and the Village. 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 Village.
(E) A local siting approval granted under this section shall expire at the end of 2 calendar years from the date upon which it was granted, unless the local siting approval granted under this section is for a sanitary landfill operation, in which case the approval shall expire at the end of 3 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.
(Ord. C0-02-34, passed 11-13-2002)