[HISTORY: Adopted by the County Board of McLean County 7-20-1993 (Ch. 33 of the 1986 Code). Amendments noted where applicable.]
The terms used in these procedural rules and regulations shall have the same meanings as the same terms are defined in the Environmental Protection Act of the State of Illinois, in effect as of the date hereof and as said Act may be amended or modified from time to time.
Editor's Note: See 415 ILCS 5/1 et seq.
A minimum of 35 complete copies of requests for site approval shall be filed in the office of the County Clerk by the applicant. Upon receipt of any such requests and the filing fee as provided in § 289-3, the County Clerk shall date stamp same, retain one copy, and deliver the remaining copies to the siting review coordinator as provided in § 289-8.
Requirements of request. The request for site approval shall include the substance of the applicant's proposal and all documents, if any, submitted to the Environmental Protection Agency pertaining to the proposed facility except trade secrets as determined in Section 7.1 of the Environmental Protection Act, as of the date said request is filed. The request shall also include sufficient details describing the proposed facility to demonstrate compliance with statutory criteria.
Filing of amended request. At any time prior to the completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-questioning by the McLean County Pollution Control Site Hearing Committee and any participants, the applicant may file not more than one amended request for site approval upon payment of an additional fee as set forth.
There shall be paid to the County Clerk for delivery to the County Treasurer for deposit in a special fund at the time of the filing of a request for site approval a fee as set forth in Chapter 205, Fees. In the event an amended request is filed, an additional filing fee shall accompany said amended request.
Use of fee. The fee hereunder with any request shall be used only to defray the costs incurred by the County in connection with the application for site approval to which the fee is applicable. The County Board may use the fee to pay any costs incurred by the County in reviewing the request, employing qualified professional persons to evaluate the information contained in the request, to pay the costs involved in any hearing, including the fees of court reporters and expert witnesses employed by the County to clarify or refute any information contained in the request, to pay any costs incurred in the appeal of any decision of the County Board as to the request and to pay any other costs or expense in any way connected with the request.
The request shall be typed on paper eight inches by 11 inches in size and shall be securely bound in the left-hand margin.
The request shall be signed by the applicant, or if the request is filed by a corporation, it shall be signed by its principal executive director.
The face sheet of the request shall contain only the following information:
A statement that it is a request for local siting approval for a new regional pollution control facility.
A statement indicating what type of regional pollution control facility site is being proposed for approval.
The applicant's full name, address and telephone number; if a partnership, the names and addresses of all partners and the telephone number of the partnership; if a corporation, the names and addresses of all officers and directors, and the names and addresses of all shareholders owning 10% or more of the capital stock of said corporation and the telephone number of the corporation.
The name, address, telephone number and title of the person designated by the applicant as its agent for service of notices.
The contents of any requests for site approval shall also comply with the provisions set forth in § 289-3.
The County Board may waive any of the above request requirements upon good cause shown as long as such waiver is not inconsistent with state or federal law.
A copy of the request shall be made available for public inspection in the offices of the County Clerk, and members of the public shall be allowed to obtain a copy of the request or any part thereof upon payment of actual costs of reproduction to the County Clerk. All copying requests shall be fulfilled by the County Clerk in accordance with the Illinois Freedom of Information Act.
The County Clerk shall receive and date stamp written comments from any person concerning the appropriateness of the proposed site for its intended purposes.
Copies of written comments shall be made available for public inspection in the offices of the County Clerk, and members of the public shall be allowed to obtain a copy of any written comment upon payment of actual costs of reproduction. All copying requests shall be fulfilled by the County Clerk in accordance with the Illinois Freedom of Information Act.
Any written comment received by the County Clerk or postmarked not later than 30 days after the date of the last public hearing shall be made part of the record of the public hearing as hereinafter described, and the County Board shall consider any such timely written comments in making a final determination. In the event that the 30th day falls on a Saturday, Sunday, a federal or McLean County holiday, the next day on which mail is received by the McLean County Clerk shall be considered the 30th day for purposes of this provision.
The County Board may, at its discretion, retain the services of one or more professional consultants to assist the Board and County staff in the process of reviewing any site approval request. Any expenses shall be paid from the filing fee, consistent with § 289-3.
Staff siting review coordinator.
The McLean County Solid Waste Coordinator shall be the staff siting review coordinator. Upon receipt of copies of a request for site approval, the siting review coordinator shall be responsible for coordinating the review of the request with the following:
McLean County Solid Waste Management Program.
McLean County Building and Zoning Department.
McLean County Regional Planning Commission.
McLean County Highway Department.
McLean County Administrator's Office.
McLean County State's Attorney's Office.
McLean County Health Department.
Any professional consultant retained by the County Board.
The staff siting review coordinator is authorized to call interdepartmental meetings and set deadlines for the submittal of staff reports, recommendations and/or evidence.
A representative of the forenamed departments shall attend the public hearings and may ask such questions as are needed to assist him in reaching his recommendation.
Power of departments. The forenamed departments are authorized to prepare and submit reports, recommendations and/or evidence in connection with the request.
Preliminary reports prepared by the staff, summarizing and analyzing the proposed site request, the written comments, reports, studies and exhibits concerning the appropriateness of the proposed site may also be filed with the County Clerk in advance of the public hearings.
Copies of any departmental reports shall be available for public inspection in the office of the County Clerk, and members of the public shall be allowed to obtain a copy of said documents upon payment of the actual cost of reproduction.
Final reports and recommendations. Upon completion of the evidentiary hearings, the forenamed departments shall have reasonable time to file any final reports and recommendations with the County Clerk. Copies of the final reports shall be available for public inspection in the office of the County Clerk prior to reconvening the hearing, and members of the public shall be allowed to obtain a copy of said documents upon payment of the actual cost of reproduction.
The County Clerk or his/her designee shall be responsible for keeping the record of the hearing and site review process.
Hearing record. The record shall consist of the following:
The request for siting approval.
Proof of notice given by the applicant pursuant to Section 39.2(b) of the Environmental Protection Act [415 ILCS 5/39.2(b)].
Written comments filed by the public and received by the County Clerk or postmarked within 30 days of the last public hearing.
All evidence, reports, studies, exhibits or documents admitted into evidence at the public hearing;
A complete transcript of the public hearing(s);
The findings of fact and recommendation of the McLean County Pollution Control Site Hearing Committee; and
A copy of the resolution containing the final decision of the County Board.
Written certification. The County Clerk shall be responsible for certifying all copies of the record.
The McLean County Pollution Control Site Hearing Committee shall consist of the members of the McLean County Board's Land Use and Development Committee and the Chairman of the County Board.
Chairman of Committee. The Chairman of the County Board shall serve as the Chairman of the Pollution Control Site Hearing Committee.
In the event that said Chairman cannot serve, the Chairman of the Land Use and Development Committee shall assume the duties of Chairman of the Committee in relation to the public hearings on the application.
In the event neither is in attendance at a public hearing, the members present shall select a chairman pro tem from among those members present, who shall preside over the hearing session.
Quorum. Four members of the Committee shall constitute a quorum for the purpose of holding the public hearing.
Within a reasonable time from the date the request for site approval is filed, the Chairman of the County Board shall determine the date, time and location upon which such public hearing shall be held. The initial public hearing shall be scheduled no sooner than 90 days but no later than 120 days from the date the request for site approval was filed with the County Clerk.
If, in the Chairman's opinion, County facilities are not sufficient to accommodate the number of persons expected to attend the hearing, the Chairman may arrange for the hearing to be conducted at another site. In such an event, the Chairman is authorized to lease an adequate auditorium and sound system for the hearing. Any and all costs associated with such acquisition shall be paid from the filing fee, consistent with § 289-3.
The Chairman of the County Board shall promptly notify the County Clerk of the date upon which such hearing shall be held, and the County Clerk shall cause notice of such hearing to be made as set forth in the Environmental Protection Act (415 ILCS 5/39.2).
Such notice shall be given as follows:
At least once per week for three successive weeks in the legal notice section of a newspaper of general circulation published in the County.
At least once during the week preceding the public hearing in a newspaper of general circulation throughout the County. Such notice shall consist of all items hereinafter described.
Written notice sent by certified mail to all members of the General Assembly from the district in which the proposed site is located.
Written notice sent by certified mail to the Illinois Environmental Protection Agency.
Written notice sent by certified mail to the governing authority of every municipality contiguous to the proposed site. Members or representatives of the governing authority of a municipality contiguous to the proposed site may appear at and participate in public hearings held pursuant to this chapter.
Such notice shall consist of the following:
The name and address of the applicant requesting the site approval.
The location of the proposed site.
The nature and size of the proposed development.
The nature of the activity proposed.
The probable life of the proposed activity.
The time and date of the public hearing.
The location of the public hearing.
A statement that all interested persons have the right to comment on the request at the public hearing.
The County Clerk shall promptly notify the applicant of the date, time and location of such hearing.
The State's Attorney, or an assistant, shall make the necessary arrangements to have a court reporter present at any public hearing for purposes of establishing a record and a transcript thereof.
The State's Attorney, or an assistant, shall serve as legal advisor for the McLean County Regional Pollution Control Site Hearing Committee.
Members of the public shall be allowed to obtain copies of any documents filed upon payment of the actual cost of reproduction.
All testimony at any public hearing shall be under oath or affirmation.
The applicant requesting site approval shall have the burden of going forward with evidence of the suitability of the site for its proposed use.
Any person appearing at the public hearing shall have the right to give testimony and comment on the suitability of the proposed use for the site location. Any person testifying shall be required to state his name and address.
The opportunity for any person appearing at the public hearing(s) to cross-examine any witness may be limited by the Committee. The Committee reserves the right to limit testimony, questions, comments and cross-examination to prevent argumentative comments, personal attacks on other parties, to maintain order and decorum during the hearing process, and to prevent cumulative, repetitive or irrelevant material in the record. The Committee reserves the right to ask questions of any party testifying in order to clarify an issue, statement or fact.
The Committee or County staff shall have the right to obtain and consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation) in the field of solid waste management when considering statutory criteria ii and v in Section 39.2(a) of the Environmental Protection Act (415 ILCS 5/39.2).
The Committee may request the Illinois Department of Transportation to perform traffic impact studies of proposed locations for regional pollution control facilities.
Any person shall have the right to be represented by a licensed attorney at law at the public hearing(s). Such attorneys shall have the right of reasonable cross-examination.
Upon the completion of all testimony, the Chairman of the Committee shall announce the evidence-gathering portion of the hearing(s) to be closed. At that time, the department staffs and officials shall prepare their final reports and recommendations. The public hearing may be reconvened, upon notice to the applicant, to hear the staff reports. Any member(s) of the public who wishes to be notified of the reconvened hearing may leave his name and address with the County Clerk. Notice of the reconvened hearing may be mailed not less than three consecutive days prior to the hearing date.
After the public hearing(s) or any continuation thereof, the McLean County Regional Pollution Control Site Hearing Committee shall hold a public review meeting for purposes of establishing findings of fact and a recommendation concerning the site approval request. Any findings of fact and recommendation shall be supported by the record and shall be presented by the Committee to each County Board member.
The County Board shall consider the record of the public hearing, the findings of fact and the recommendations of the Pollution Control Site Hearing Committee and shall make a written decision concerning a site approval request not more than 180 days from the date of the County Clerk's filing of the site approval request, provided such conditions are reasonable and necessary to accomplish the purposes set forth in the Act (415 ILCS 5/39.2) and so long as the conditions are not inconsistent with regulations promulgated by the Illinois Pollution Control Board.
The County Administrator, or his designee, shall establish a suitable accounting system for the acceptance, distribution and reconciliation of the fee in accordance with good accounting practices.
The filing fee received shall be deposited with the County Treasurer. The County Treasurer is hereby authorized and directed to receive and hold said filing fee until payment is directed as described below.
All expenses incurred by the County of McLean as a result of the request for site approval and the hearing process set forth herein shall be paid from the filing fee.
The County Administrator must give preliminary approval before an expense chargeable to the filing fee is incurred, except notice and publication costs incurred by the County Clerk, court reporter fees and legal representation expenses by the State's Attorney.
All costs incurred by the County, its staff officials and departments as a result of administering the hearing process herein shall be reported to the Auditor of McLean County.
The Auditor shall submit said bills and expenditure requests to the County Board for approval. The Board shall authorize reimbursement for expenditures and payment of all bills upon proper documentation.
Upon termination of any proceedings under the hearing process, the Auditor shall prepare a final accounting and summary of all bills and expenses which shall be presented for approval to the County Board.
Any portion of the filing fee not required for reimbursement to the County for costs or expenses incurred by the County under the hearing process shall be returned to the applicant. If the costs incurred by the County exceed the required filing fee, the County Administrator shall present a claim to the applicant for the excess. Payment of this excess is due within 30 days of the date the claim is presented to the applicant.
Appeals on the siting decision of the County Board shall be made in accordance with Section 40.1 of the Act (415 ILCS 5/40.1).