(A) On or before the 180th day following the date the petition was filed, or on or before the 270th day following the date the petition was filed if the applicant filed an amendment to the petition in compliance with the timing requirements of the Act, the City Council 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 ILCS Ch. 415, Act 5, § 39.2 and are not inconsistent with the regulations promulgated by the Illinois Pollution Control Board; or
(3) Deny the petition.
(B) The City Council shall state in its decision its findings as to whether the applicant has established, and whether the public record supports the establishment of each of 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 the incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
(4) For a transfer facility or facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain or the site is flood-proofed; and 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)(3) 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) The consistency of the facility with the County’s Solid Waste Management Plan, including any updates of that Plan;
(9) If the facility is located in a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.
(C) The City Council shall consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation) in the field of solid waste management when considering the second and fifth criterion of the Act, and divisions (B)(2) and (B)(5), above.
(D) In making its decision, the City Council shall consider the public record of the hearing proceedings. The City Council shall give greater evidentiary weight to sworn testimony and evidence presented during the public hearings than to un-sworn oral or written comment.
(E) No determination by the City Council of a petition may be reconsidered, except to the extent it is reversed and remanded on appeal and the City Council is directed by the Illinois Pollution Control Board or Illinois Appellate Court to conduct all or part of the review process again.
(F) Any City Council member may be excused from participation in the hearing and decision upon demonstration of any disqualifying direct and personal interest in the property or the affairs of the applicant or any objector to the proceedings. Additionally, any City Council member may abstain from voting on the decision, except to the extent there are insufficient number of Council Members to pass a resolution consistent with subsection (A)(1), above.
(Ord. 042604D, passed 4-26-2004)