[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.[1]
[1]
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.
A.
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.
B.
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.
[Amended 2-17-2015]
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.
A.
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,
the hearing officer, and any 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.
[Amended 10-13-2022]
A.
The request shall be typed on paper eight inches by
11 inches in size and shall be securely bound in the left-hand margin.
B.
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.
C.
The face sheet of the request shall contain only the
following information:
(1)
A statement that it is a request for local siting
approval for a new regional pollution control facility.
(2)
A statement indicating what type of regional pollution
control facility site is being proposed for approval.
(3)
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.
(4)
The name, address, telephone number and title of the
person designated by the applicant as its agent for service of notices.
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.[1]
[1]
Editor's Note: See 5 ILCS 140/1 et seq.
The County Clerk shall receive and date stamp
written comments from any person concerning the appropriateness of
the proposed site for its intended purposes.
A.
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.[1]
[1]
Editor's Note: See 5 ILCS 140/1 et seq.
B.
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.
A.
Staff siting review coordinator.
(1)
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:
(a)
McLean County Solid Waste Management Program.
(b)
McLean County Building and Zoning Department.
(c)
McLean County Regional Planning Commission.
(d)
McLean County Highway Department.
(e)
McLean County Administrator's Office.
(f)
McLean County State's Attorney's Office.
(g)
McLean County Health Department.
(h)
Any professional consultant retained by the
County Board.
(2)
The staff siting review coordinator is authorized
to call interdepartmental meetings and set deadlines for the submittal
of staff reports, recommendations and/or evidence.
(3)
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.
B.
Power of departments. The forenamed departments are
authorized to prepare and submit reports, recommendations and/or evidence
in connection with the request.
(1)
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.
(2)
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.
C.
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.
A.
Hearing record. The record shall consist of the following:
(1)
The request for siting approval.
(3)
Proof of notice given by the applicant pursuant to
Section 39.2(b) of the Environmental Protection Act [415 ILCS 5/39.2(b)].
(4)
Written comments filed by the public and received
by the County Clerk or postmarked within 30 days of the last public
hearing.
(6)
All evidence, reports, studies, exhibits or documents
admitted into evidence at the public hearing;
(7)
A complete transcript of the public hearing(s);
(8)
The findings of fact and recommendation of the McLean
County Pollution Control Site Hearing Committee; and
(9)
A copy of the resolution containing the final decision
of the County Board.
B.
Written certification. The County Clerk shall be responsible
for certifying all copies of the record.
[Amended 10-13-2022]
The McLean County Pollution Control Site Hearing
Committee shall consist of the members of the McLean County Board's
Land Use and Transportation Committee and the Chair of the County
Board.
A.
Chair of Committee. The Chair of the County Board
shall serve as the Chair of the Pollution Control Site Hearing Committee
and, unless a hearing officer is appointed pursuant to this section,
the Chair shall preside over all public hearings.
(1)
If said Chair cannot serve, the Chair of the Land
Use and Transportation Committee shall assume the duties of the Chair
of the Committee in relation to the public hearings on the application.
(2)
In the event neither attends a public hearing, the
members present shall select a Chair pro tem from among those members
present, who shall preside over the hearing session.
B.
The Committee
in its sole discretion may appoint a nonmember of the Committee to
act as a hearing officer. The hearing officer shall be an attorney
licensed to practice law in the State of Illinois. If appointed, the
hearing officer's duties shall include serving as the presiding officer
during all public hearing(s). The hearing officer shall not have a
vote on the outcome of the matter. Upon completion of the hearings
and if requested by the Committee, the hearing officer shall provide
a report to the Committee containing legal opinions and conclusion
that may be considered by the Committee during its deliberations.
C.
Quorum. Five members of the Committee shall constitute
a quorum for the purpose of holding the public hearing.
A.
Within a reasonable time from the date the request
for site approval is filed, the Chair 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.
[Amended 10-13-2022]
B.
If, in the Chair's opinion, County facilities are not sufficient to accommodate the number of persons expected to attend the hearing, the Chair may arrange for the hearing to be conducted at another site. In such an event, the Chair is authorized to lease an adequate auditorium and sound system for the hearing. All costs associated with such acquisition shall be paid from the filing fee, consistent with § 289-3.
[Amended 10-13-2022]
C.
The Chair 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).
[Amended 10-13-2022]
(1)
Such
notice shall be given as follows:
(a)
At least once per week for three successive
weeks in the legal notice section of a newspaper of general circulation
published in the County.
(b)
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.
(c)
Written notice sent by certified mail to all
members of the General Assembly from the district in which the proposed
site is located.
(d)
Written notice sent by certified mail to the
Illinois Environmental Protection Agency.
(e)
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.
[Added 2-17-2015]
(2)
Such notice shall consist of the following:
(a)
The name and address of the applicant requesting
the site approval.
(b)
The location of the proposed site.
(c)
The nature and size of the proposed development.
(d)
The nature of the activity proposed.
(e)
The probable life of the proposed activity.
(f)
The time and date of the public hearing.
(g)
The location of the public hearing.
(h)
A statement that all interested persons have
the right to comment on the request at the public hearing.
D.
The County Clerk shall promptly notify the applicant
of the date, time, and location of such hearing.
[Amended 10-13-2022]
E.
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.
F.
The State's Attorney, or an assistant, shall serve
as legal advisor for the McLean County Regional Pollution Control
Site Hearing Committee.
G.
Members of the public shall be allowed to obtain copies
of any documents filed upon payment of the cost of reproduction as
set out in 5 ILCS 140/6.
[Amended 10-13-2022]
I.
All testimony at any public hearing shall be under
oath or affirmation.
J.
The applicant requesting site approval shall have
the burden of presenting evidence of the suitability of the site for
its proposed use.
[Amended 10-13-2022]
K.
[2]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.
[2]
Editor's Note: Former Subsection K, regarding cross-examination
of witnesses, was repealed 10-13-2022.
M.
The presiding
officer shall take all reasonable steps necessary to maintain order
and decorum during the hearing process.
[Added 10-13-2022]
N.
The presiding
officer shall determine whether public comment shall be received during
each meeting of the Committee or shall be limited to one or more meetings
of the Committee.
[Added 10-13-2022]
O.
The presiding
officer may exclude and otherwise limit testimony, questioning, cross-examination,
and comments as necessary to keep irrelevant, immaterial, incompetent,
cumulative, or repetitive evidence out of the record.
[Added 10-13-2022]
P.
Questions
or comments that constitute argument or personal attacks on witnesses
or other parties shall not be allowed.
[Added 10-13-2022]
Q.
Cross-examination of witnesses. Subject to the limitations set out in Subsections N and O, above, and any other reasonable limitation established by the Committee or presiding officer:
[Added 10-13-2022]
(1)
The
applicant and counsel for the County shall be allowed to cross-examine
witnesses as matter of right.
(2)
Counsel
representing interested persons may be allowed to cross-examine witnesses.
(3)
Any other persons who appear at the public hearing(s) and provide their name, address, phone number, and the nature of their interest in the matter prior to commencement of the hearing may cross-examine any witness on any relevant issue subject to the limitations spelled out in Subsections N and O, above, and further subject to any other reasonable limitation established by the Committee or presiding officer, including but not limited to a reasonable time limit, so long as such additional limitations do not interfere with fundamental fairness and due process.
R.
Evidence of any previous operating experience and/or
past record of convictions or admissions of violations of the applicant
(and any subsidiary or parent corporation) in the field of solid waste
management will be admissible and relevant when considering statutory
criteria ii and v in Section 39.2(a) of the Environmental Protection
Act (415 ILCS 5/39.2).
[Amended 10-13-2022]
S.
The Committee may request the Illinois Department
of Transportation to perform traffic impact studies of proposed locations
for regional pollution control facilities.
T.
Any person shall have the right to be represented
by a licensed attorney at law at the public hearing(s).
[Amended 10-13-2022]
U.
Upon the completion of all testimony, the presiding
officer shall announce the evidence-gathering portion of the hearing(s)
to be closed. At that time, the presiding officer, department staff
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.
[Amended 10-13-2022]
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.
[Amended 2-17-2015]
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
(1)
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.
(2)
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.
F.
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.
[Amended 2-17-2015]
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).
