§ 8.52.090  HEARINGS ON APPLICATIONS.
   A.   During the course of the public hearing before the Committee, the Committee shall receive testimony, such testimony to be recorded, from the applicant and witnesses the applicant may call, and County witnesses, and other witnesses or objectors, and shall recommend approval only if the proposed facility meets 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;
      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 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.   the facility is consistent with any current solid waste management plan adopted by the County Board of the County which is consistent with the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act; and
      9.   if the facility will be located within a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.
   B.   The governing Authority as determined by subsection (c) of § 39 of the Act may request the County Department of Transportation to perform traffic impact studies of proposed or potential locations for required pollution control facilities.
   C.   Members or representatives of the governing authority of a municipality contiguous to the proposed site may appear at and participate in public hearings held pursuant to this Ordinance.
   D.   The public hearing shall develop a record sufficient to form the basis of any appeal. The fact that a member of the County Board has publicly expressed an opinion on an issue related to site review proceeding shall not preclude the member from taking part in the proceeding and voting on the issue.
   E.   If, prior to making a final local decision, the County Board has negotiated and entered into a host agreement with the siting applicant, the terms and conditions of the host agreement, whether written or oral, shall be disclosed and made part of the hearing record for the local siting proceeding.
      1.   In the case of an oral agreement, the disclosure shall be made in the form of a written summary jointly prepared and submitted by the County Board and the siting applicant and shall describe the terms and conditions of the oral agreement.
(Ord. O-200411-12-134, passed 11-16-2004)