Publisher's Note: This Section has been REPEALED by new legislation (Ord. 2024-10-A, passed 11-19-2024). The text of the amendment will be incorporated below when the ordinance is codified. (A) After the public hearing and any continuation thereof, the PCF Committee shall hold a meeting for purposes of developing a written recommendation and proposed decision to the County Board on the request for site location approval. If findings of fact are made, such findings shall be supported by the record. The written recommendation and proposed decision of the PCF Committee shall be delivered to the County Board for consideration by the County Board in making its decision on the request for site location approval.
(B) The County Board’s decision on the request for site location approval shall be based 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 so 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; and
(4) (a) For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain, or the site is flood-proofed;
(b) For a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain, or if the facility is a facility described in subsection (b) of § 22.19a of the Act, 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 County Board has developed a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act, the facility is consistent with said plan; for purposes of this criterion, the SOLID WASTE MANAGEMENT PLAN means the County Solid Waste Management Plan; and
(9) If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the IPCB for such area have been met.
(C) The County Board may consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary and parent corporation) in the field of solid waste management when considering divisions (B)(2) and (B)(5) above.
(D) Pursuant to § 39.2(a) of the Act, local siting approval shall be granted only if the proposed facility meets the criteria cited above.
(E) (1) The County Board shall make a final written decision within 180 days from the date of filing of the site approval request, specifying the reasons for the decision, which reasons shall be in conformance with § 39.2(a) of the Act.
(2) The County Board may conditionally approve of any request for site approval, provided such conditions are not inconsistent with regulations promulgated by the IPCB.
(3) Any determination by the County Board shall be supported by the record, which record shall be made available for review by all members of the County Board.
(F) No written determination by the County Board of a site approval request may be reconsidered.
(Prior Code, § 3-5B-8) (Ord. 2007-0327, passed 3-20-2007)