Publisher's Note: This Section has been REPEALED by new legislation (Ord. 2024-10-A, passed 11-19-2024).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) (1) All expenses incurred by the county in conducting the review of the request for site approval, conducting the public hearing, making the site approval decision, and responding to any appeal thereof by a person other than the applicant shall be paid by the applicant, including the costs of any consultants, attorneys, or hearing officer utilized by the county in connection with the request for site approval, costs of court reporting, and transcripts for the public hearing, and witness fees. Said expenses shall be paid from the application fee.
(2) The county shall periodically submit a detailed accounting and summary of all expenditures and reimbursements, authorized pursuant to division (A)(1) above, to the applicant for payment
(Prior Code, § 3-5B-10)
(B) (1) Each applicant for siting approval of a pollution control facility in the county must, at the time of filing the application for site approval, pursuant to 415 ILCS 5/39.2, deposit with the County Board a filing fee deposit of $75,000. If the proposed facility is intended to be a hazardous waste disposal site, the filing fee deposit shall be $125,000.
(2) Pursuant to the provisions of 415 ILCS 5/39.2(e), in the event an applicant files an amended application in the manner allowed by law, such shall be accompanied by an additional filing fee in the amount of $25,000.
(3) The applicable filing fee is intended to defray the reasonable and necessary costs of processing the application, including, but not limited to, cost of site inspection, clerical expenses, copying costs, space rental, hearing officer compensation, court reporter expenses, transcription costs, staff review expenses, special prosecutor expenses, and consulting fees, such as charges by engineers, planners, appraisers, and environmental counsel.
(4) In the event there are funds remaining in the filing fee deposit after payment of the county’s costs and expenses, such shall be refunded to the applicant without interest, upon final resolution of the application process, including any and all types of administrative or judicial review.
(5) In the event the county incurred additional costs in excess of the filing fee deposited, the applicant will be responsible therefor, and shall promptly pay over such amounts to the county upon request or demand.
(6) Upon receipt any and all fees required by the provisions of this subchapter shall be deposited in a special account in the County Treasury to be paid out by the County Treasurer upon order of the County Board. Such fees shall not be expended for any purpose not authorized by this subchapter.
(Prior Code, § 3-5A-2)
(Ord. passed 5-20-1997; Ord. 2007-0327, passed 3-20-2007)