(A) On or before the 180th day following the date of filing, or on or before the 270th day following the date of filing if the applicant filed an amendment to the application in compliance with the timing requirements of the Act, the Village Board shall, by written resolution, upon the vote of a majority of its members, decide whether to:
(1) Grant the petition, without any conditions;
(2) Grant the petition, but with conditions on such approval, provided such conditions are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act and are not inconsistent with the regulations promulgated by the Illinois Pollution Control Board; or
(3) Deny the petition.
(B) In making its recommendation on the request for siting approval, the Village Board shall base its decision 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 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;
(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 a solid waste management plan was previously adopted for Kane County prior to the filing of the petition, the facility is consistent with that plan; and
(9) If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board for such area have been met.
(C) In its evaluation of statutory criteria (ii) and (v) as set forth in ILCS Ch. 415, Act 5, § 39.2, the Village Board may also consider as evidence the previous operating experience and past record of violations and penalties of the applicant and, if different, the owner or operator of any solid waste or gas handling operations (and, for each, any subsidiary, member, manager or parent corporation) in the field of solid or hazardous waste management.
(D) No determination by the Village Board of a siting approval request may be reconsidered.
(E) A local siting approval granted under this subchapter shall expire at the end of two calendar years from the date upon which it was granted, unless the local siting approval granted under this subchapter is for a sanitary landfill operation, in which case the approval shall expire at the end of three calendar years from the date upon which it was granted, and unless within that period the applicant has made application to the Illinois Environmental Protection 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. 2010-29, passed 5-17-10)