(A) (1) In order to request siting approval for a new PCF in the village, an applicant must file an application with the Village Clerk. The applicant must file a minimum of 35 copies of the application, and the substance of the applicant's proposal showing sufficient details describing the proposed facility to demonstrate compliance with the Act and Board regulations, including all site plans, engineering including calculations, exhibits and maps, and all documents, if any, to be submitted to the IEPA as of the date of filing the application. At a minimum, the application shall comply with the form of application attached hereto marked as Exhibit "A".
(2) The applicant shall deposit with the Village at the time of filing the application for site approval of a new PCF a filing fee deposit of $250,000 for facilities not to be designed for Hazardous Waste Disposal and a filing fee deposit of $750,000 if said proposed facility is designed as a Hazardous Waste Disposal Site. If the applicant elects to file an amended application for site location approval for any PCF in accordance with this chapter, such filing shall be accompanied by payment of a supplemental fee of $100,000.
(a) The applicable filing fee is intended to defray the reasonable and necessary costs of processing the application, including, but not limited to: costs of site inspection, clerical expenses, copying costs, space rental, hearing officer compensation, court reporter expenses, transcription costs, public notice expenses, staff review time, reasonable attorney's fees and village consultants (such as qualified professional engineers, planners, appraisers, environmental counsel, etc.) including tests, exhibits and other testimony, if any, provided by said consultants, and other relevant costs incident to the consideration of an application, the costs incident to preparing the record for appeal, and the cost of representing the village on appeal in case of an appeal of the granting or denial of the application (the "village costs").
(b) If there are funds remaining in the filing fee deposit after payment of the village costs, such amount shall be refunded to the applicant upon the final resolution of the application process (including appeals to the Illinois Pollution Control Board, Appellate Court, Illinois Supreme Court, Federal Courts, and administrative review in the Courts, if any). Should the village incur any additional costs in excess of the applicable filing fee deposit, the applicant shall bear any and all such additional costs and shall promptly pay over such additional amount to the village upon request or demand.
(3) (a) The application must be complete, with answers provided for each question on the application form. The application must contain consecutively numbered pages and it must be accompanied by all site plans, exhibits, maps and documents required by this chapter and such further documents as are necessary to fully and accurately set forth the applicant's proposal. The date that the applicant files a complete application in proper form, together with the applicable filing fee deposit, with the Village Clerk, shall be considered the official filing date for all time limit purposes. The application is not effective unless the application is in strict compliance with this chapter and with the Act. If upon review of the application within 14 days of its submittal it is determined by the village to be incomplete and not in strict conformance with the aforesaid, the application is deemed not filed and the filing fee (less village costs and expenses incurred) shall be returned to the applicant.
(b) At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-questioning by the Village Board, village representatives and any participants, the applicant may file not more than one amended application upon payment of additional fees pursuant to § 39.2(k) of the Act and § 152.04(A)(2). Provided, however, that in the event of such an amendment the time limitation for final action set forth in § 39.2(e) of the Act and § 158.08(B) shall be extended for an additional period of 90 days.
(B) (1) Upon receipt of an application, and payment of the applicable filing fee deposit, the Village Clerk shall date stamp all the copies.
(2) In order to develop a record sufficient to form the basis of an appeal of the Village Board's decision, the village may retain consultants on behalf of the village. The consultants and the village shall then commence a study of the application. The applicant shall cooperate fully with the consultants and the technical staff of the village in their review of the application, including providing access to the site for study or testing, including but not limited to geophysical testing.
(C) A copy of the application and all related documents or other materials on file with the Village Board shall be made available for public inspection in the office of the Village Clerk. Members of the public shall be allowed to obtain a copy of the application or any part thereof upon payment of the actual cost of reproduction as outlined in the Illinois Freedom of Information Act.
(D) It is the applicant's duty to comply with all notice requirements set forth in the Act. The applicant shall:
(1) No later than 14 days prior to filing an application for site location approval with the Village Clerk, cause written notice of such application to be served either in person or by registered mail, return receipt requested, on the owners of all property within the subject area not solely owned by the applicant, and on the owners of all property within 250 feet in each direction of the lot line of the subject property, said owners being such persons or entities which appear from the authentic tax records of the county in which the site is located; provided that the number of all feet occupied by public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further, that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways.
(2) The applicant shall serve such notice upon each member of the General Assembly from the legislative district in which the proposed facility is to be located, and this notice shall also be published in a newspaper of general circulation in the county in which the site is located.
(3) The applicant shall state in such notice the name and address of the applicant, the location of the proposed site, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for site approval will be submitted to the Village Clerk, a description of the right of persons to comment on such request as hereafter provided, and any other information as may be required by the Act.
(4) Any and such additional notice requirements as are provided for in the Act.
(5) The applicant shall include in the application proof of compliance with all prefiling notice requirements.
(Ord. 2392-95, passed 12-6-95)