[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-1993 (Art. VI, Ch. I, of the 1993 Code)]
This article shall be hereinafter known, cited and referred to as the "Crystal Lake Pollution Control Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- AIR POLLUTION
- The presence in the atmosphere of one or more contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant, or animal life, to health, or to property, or to interfere with the enjoyment of life or property.
- The incorporated area of the City of Crystal Lake, Illinois.
- Any solid, liquid, or gaseous matter, or any form of energy, from whatever source.
- Waste resulting from the handling, processing, preparation of food, and wastes from the handling, processing, storage, and sale of produce.
- OPEN BURNING
- The combustion of any matter in such a way that the products
of the combustion are emitted to the open air without originating
in or passing through equipment for which a permit could be issued
under the Illinois Environmental Protection Act. Open burning shall include, but not be limited to, bonfires,
campfires and recreational fires but shall not include the preparation
of food in containers manufactured for that purpose.[Amended 9-17-2002 by Ord. No. 5556]
- OPEN DUMPING
- The consolidation of refuse from one or more sources at a central disposal site that does not fulfill the requirements of a sanitary landfill.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns.
- POLLUTION COMMITTEE
- Comprised of the Mayor and City Council.
- PUBLIC WATER SUPPLY
- All mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use.
- All waste material, including but not limited to garbage,
rubbish, incinerator residue, street sweepings, dead animals and offal.[Amended 9-17-2002 by Ord. No. 5556]
- RINGELMANN CHART
- The chart described in the U.S. Bureau of Mines Information Circular 8333; or the Plibrico-type smoke guide, copyrighted by the Plibrico Company or the smoke density comparison chart, copyrighted by Pollution Engineering magazine which shall be used in grading the shade or opacity of smoke.
- Solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar items, and leaves, grass, shrubbery, branches, trees and other landscape refuse and noncommercial waste.
- SANITARY LANDFILL
- The disposal of refuse on land without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary.
- SEWAGE WORKS
- Individually or collectively those constructions or devices used for collecting, pumping, treating, and disposing of sewage, industrial waste or other wastes or for the recovery of by-products from such wastes.
- TRADE WASTE
- All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry such as, but not limited to, plastic products, chemicals, cinders and other forms of solid or liquid waste materials.
- All accumulations of water, surface and underground, natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon the City.
- WATER POLLUTION
- Such alteration of the physical, thermal, chemical, biological or radioactive properties of any waters, or such discharge of any contaminant into any waters, as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic life.
Editor's Note: See 415 ILCS 5/1 et seq.
The City Manager is hereby authorized to designate the duties of the enforcing officers, who shall exercise the duties set forth in this section.
Editor's Note: Former § 6.3-1, establishing the Pollution Control Department, which immediately preceded this subsection, was deleted 2-20-2007 by Ord. No. 6161.
Duties of the enforcing officer:
To supervise the execution and enforcement of all laws, ordinances, rules, and regulations pertaining to environmental pollution, except those preempted by state or federal jurisdiction.
[Amended 2-20-2007 by Ord. No. 6161]
To institute necessary proceedings to prosecute violations of this article and compel the prevention and abatement of environmental contaminants, and nuisances arising therefrom.
To examine and approve the plans of pollution control devices proposed, installed, constructed, reconstructed, repaired, or added to, in any building, location, or on any premises within the boundaries of the City.
To cause inspections to be made of pollution control devices.
To investigate complaints, make observations of contaminant conditions and take the necessary and proper action to abate nuisances therefrom.
To advise, consult and cooperate with other governmental agencies in the furtherance of the purpose of this article.
To collect, publish and disseminate appropriate educational literature and other information to the public for the purpose of advising of the necessity, purpose and methods of pollution prevention.
To issue or cause to be issued all permits, certificates, notices or other matters required under the provisions of this article; and to notify all persons concerned of any decision he/she may render and to provide such persons with an opportunity to be heard.
[Amended 2-20-2007 by Ord. No. 6161]
To enlist the cooperation of civic, technical, scientific and educational groups, societies and organizations in respect to the reduction and abatement of air contaminants.
To cause to be instituted in the court legal proceedings by the City Attorney to compel compliance with any order or determination entered on recommendation of the enforcing officer.
Editor's Note: Former Subsection 6.3-3(k), authorizing the enforcing officer to request the Police Department to enforce the provisions of this chapter, which immediately followed this subsection, was deleted 2-20-2007 by Ord. No. 6161.
Enforcement activities pertaining to this article shall be the responsibility of the City Police Department or other appropriate agency. Inspection activities shall be the responsibility of the Community Development Department or other appropriate agency, and monitoring activities shall be the responsibility of the Department of Public Works or other appropriate agency.
[Amended 2-20-2007 by Ord. No. 6161; 6-3-2014 by Ord. No. 7036]
Right of entry:
In the discharge of his/her duties, the enforcing officer or authorized inspectors shall have the authority to enter, at any reasonable hour, any building, structure or premises within the incorporated area of the City to enforce the provisions of this article.
The City Council shall authorize the enforcing officer a badge of office for himself/herself and representatives which shall be displayed for the purpose of identification, an identification card as is customarily issued by the City, and permission to operate his/her automobile as an emergency vehicle.
The assistance and cooperation of health, police, legal and other officers shall be available to the enforcing officer as required in the performance of his/her duties.
The City Council shall have the duty and power to hear and determine appeals for decisions and orders of the enforcing officer and to confirm, vary or reverse any such decision or order.
Any person aggrieved and complaining of an order or decision of the enforcing officer may take an appeal to the City Council within 20 days of said order, decision or ruling complained of, by filing with the enforcing officer and the City Clerk written notice that he/she intends to appeal such order, decision or ruling, and in said notice shall give a name and address where notices can be served upon him/her.
The enforcing officer, upon receipt of said notice of appeal, shall forthwith transmit to the City Council all papers and documents constituting the records upon which the decision, order or ruling was based. The City Council shall fix a reasonable time for the hearing of the appeal and give due notice thereof by mail to the parties in interest and decide said appeal within a reasonable time. Said notice of appeal shall act as a stay of any decision, ruling or order until either approved, modified or set aside by the City Council. The notice of appeal shall be filed with the Clerk of said City.
The City Council shall forthwith by certified mail notify all parties of its decision, as well as all members of the Pollution Committee.
Editor's Note: Former §§ 6.5 through 6.10, regarding permits and plans, variances, fees and pollution emission standards, which immediately followed this subsection, were deleted 2-20-2007 by Ord. No. 6161.
[Amended 2-20-2007 by Ord. No. 6161; 8-2-2016 by Ord. No. 7252]
No person shall cause, suffer, allow or permit open burning, including the burning of garbage, refuse, rubbish in any manner, with the exception of those in conformity with the provisions of this section as defined in this section, except upon a permit duly issued by the Fire Rescue Chief of the Fire Rescue Department of the City of Crystal Lake or designated representative.
Burning in an open fire, provided that it is not contrary to any other federal, state, or local law, ordinance, rule or regulation, will be permitted for the following upon a permit duly issued by the Fire Rescue Chief of the Fire Rescue Department of the City of Crystal Lake or his or her designated representative and shall be solely for recreational purposes:
Bonfires. Bonfires shall be permitted only for a publicly sponsored celebration or event, or for an organization-sponsored event, or for a public or private school-sponsored event, and shall be subject to meeting all requirements of the annual recreational fire/bonfire permit application obtained from and filed with the Crystal Lake Fire Rescue Department.
Recreational fires or campfires. Small recreational fires or campfires shall be permitted but shall be subject to meeting all requirements of the annual recreational fire/bonfire permit application obtained from and filed with the Crystal Lake Fire Rescue Department and shall be contained to a device designed to hold a small fire, such as an outdoor fireplace, or commercially manufactured steel or ceramic portable fireplace, including chimineas, and portable fire pits, and used according to the manufacturer's directions. Stationary fire pits shall also be permitted and shall be built in a below-ground pit surrounded on the outside by a noncombustible material such as concrete block, metal or rocks with a minimum depth of 10 inches.
Outdoor cooking. Open burning will be permitted for outdoor cooking when the fire is limited to the minimal size necessary and contained in a device or cooking utensil commonly referred to as a "grill" or "hibachi" and designed for outdoor cooking purposes. All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils.
Set fires. Fires set or approved by the Fire Rescue Department for practice of fire-fighter or rescue personnel, instructing the public, testing fire equipment, or for other Fire Rescue or law enforcement purposes shall be permitted. A permit will be required for all entities conducting open burning for the above purposes.
Annual recreational fire/bonfire permit issuance. Any person, firm or corporation requesting a permit for a recreational fire/bonfire shall submit an application, containing at a minimum the purpose of the proposed burning, nature and the quantities of material to be burned, and location of the burning site to the Crystal Lake Fire Rescue Department upon a form provided by the Crystal Lake Fire Rescue Department, which shall have the authority to approve such permits. The Crystal Lake Fire Rescue Department will use the standards as set forth in the International Fire Code at the time of application. All recreational fire/bonfire permit requests shall be subject to the following conditions:
Annual applications for bonfires shall be submitted in writing at least 10 days before the fire is set. Bonfires shall not be ignited prior to an on-site inspection of the location where the bonfire is to take place and shall be subject to any and all conditions or restrictions the Crystal Lake Fire Rescue Department may impose for the safety of life and property. After receipt of the bonfire permit, the permit holder must call the Crystal Lake Fire Rescue Department at least 10 days prior to each time that a bonfire will take place.
Annual applications for recreational fires and campfires shall be submitted in writing at least two days before the first fire is set.
Owner. All permits shall be requested by and issued only to the owner of land upon which the open burn is to be kindled.
Attendance. A responsible party, over the age of 17, shall constantly attend any bonfire or recreational burning until the fire is completely extinguished at the end of the permit time. Fire-extinguishing equipment shall be available for immediate use.
Location requirements. The location for stationary fire pits or commercially manufactured steel or ceramic portable fireplaces, including chimineas and portable fire pits, shall not be less than 15 feet from any structure (habitable or accessory), combustible materials (wooden fences, decks, play structures, etc.) and the permit holder's property lines.
Dimension. A bonfire shall not be more than five feet by five feet in dimension. A recreational campfire shall not be more than three feet in diameter and two feet in height of pile size.
Duration. Any bonfire or recreational burning shall not burn longer than three hours and shall be extinguished no later than 12:00 midnight.
The Crystal Lake Fire Rescue Department or its designated enforcement representative shall prohibit recreational burning which will be offensive, objectionable, or create a nuisance due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous to life or property. The Crystal Lake Fire Rescue Department may order the extinguishment, by the permit holder or the Fire Rescue Department, of any recreational burning that creates or adds to a hazardous or objectionable situation.
Permit duration. Each recreational fire/bonfire permit shall be issued for the appropriate calendar year and must be renewed on an annual basis.
Fuel for the recreational fire, campfire or bonfire will consist of only seasoned, dry firewood and be ignited with a small quantity of paper.
Control of fires within the City. If, in the opinion of the Fire Rescue Chief, or his/her designated representative, weather conditions are such that the starting or the continuation of burning is a risk to life, health or property within the City, he/she shall have the right to declare that any and all burning shall cease immediately until further notice.
Enforcement. The Fire Rescue Chief and such personnel as he or she shall designate are hereby vested with authority to enforce the provisions of this section. The Fire Rescue Department is hereby authorized to extinguish any bonfire or recreational burning fire being conducted in violation of any of the provisions of this section.
Penalties for offenses. The Fire Rescue Chief or his/her designated representative shall investigate all violations of the annual recreational fire/bonfire request and shall have the authority, upon completion of such investigation, to revoke the permit for the permit site for the duration of the permit. A violation of the provisions of this section shall be grounds for the denial for future annual recreational fire/bonfire permits. Additionally, any person violating any provision of this section shall be, upon conviction, fined pursuant to the provisions of Chapter 1, Article II, General Penalty, for each offense; and every day's failure to comply with any such provision may constitute a separate violation.
Editor's Note: Former §§ 6.12 and 6.13, regarding water pollution and land pollution and solid waste disposal, which immediately followed this subsection, were deleted 2-20-2007 by Ord. No. 6161. Former § 6.14, Noise pollution, as amended, can now be found in Ch. 358, Noise, Art. II. Former § 6.15, Radiation, was deleted 2-20-2007 by Ord. No. 6161.
Storage facilities for materials which are hazardous to health and welfare, and for oils, gases, fuels or other materials capable of causing water pollution if accidentally discharged, shall be located so as to minimize or prevent any spillage which might result in water pollution. Engineering measures to entrap spillage, such as catchment areas, relief vessels, or entrapment dikes, should be installed at existing facilities and shall be installed at all new facilities so as to prevent accidental pollution of water, and shall be required following any such occurrence of pollution of water.
Editor's Note: Former § 6.17, Municipal sewage treatment including public utilities and subdivisions, which immediately followed this section, was deleted 2-20-2007 by Ord. No. 6161.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- DAIRY EQUIPMENT, BEVERAGE EQUIPMENT AND FOOD PROCESSING EQUIPMENT
- Equipment used in the production of milk and dairy products, food and beverages, including the processing, preparation or packaging thereof for consumption.
- INDUSTRIAL CLEANING EQUIPMENT
- Machinery and other tools used in cleaning processes during the course of industrial manufacturing, production and assembly.
- MACHINE DISHWASHER
- Equipment manufactured for the purpose of cleaning dishes, glassware and other utensils involved in food preparation, consumption or use, using a combination of water agitation and high temperatures.
- POLYPHOSPHATE BUILDER or PHOSPHORUS
- A water-softening and soil-suspending agent made from condensed phosphates, including pyrophosphates, triphosphates, tripolyphosphates, metaphosphates and glassy phosphates, used as a detergent ingredient, but shall not include polyphosphate builders or phosphorus which is essential for medical, scientific or special engineering use under such conditions and regulations as may be prescribed, after hearing, by the enforcing officer.
- RECOMMENDED USE LEVEL
- The amount of synthetic detergent or detergent which the manufacturer thereof recommends for use per wash load, at which level said synthetic detergent or detergent will effectively perform its intended function.
- SYNTHETIC DETERGENT or DETERGENT
- Any cleaning compound which is available for household use, laundry use, other personal uses or industrial use, which is composed of organic and inorganic compounds, including soaps, water softeners, surface active agents, dispersing agents, foaming agents, buffering agents, builders, fillers, dyes, enzymes and fabric softeners whether in the form of crystals, powders, flakes, bars, liquids, sprays, or any other form.
Labeling. It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any synthetic detergent or detergent, whether in the form of crystals, powders, flakes, bars, liquids, sprays, or any other form, in the City of Crystal Lake unless the container shall be clearly labeled with respect to its polyphosphate builder or phosphorus ingredient content clearly and legibly set forth thereon in terms of percentage of phosphorus by weight, expressed as elemental phosphorus per container, as well as grams of phosphorus, expressed as elemental phosphorus, per recommended use level.
[Amended 2-20-2007 by Ord. No. 6161]
It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any synthetic detergent or detergent containing more than 0.5% phosphorus, expressed as elemental phosphorus, within the City of Crystal Lake from and after January 1, 1978; provided, however, that the foregoing limitation shall not apply to synthetic detergents or detergents manufactured for machine dishwashers, dairy equipment, beverage equipment, food processing equipment and industrial cleaning equipment.
The concentration of phosphorus by weight, expressed as elemental phosphorus in any synthetic detergent or detergent shall be determined by the current applicable method prescribed by the American Society for Testing and Materials (ASTM).
Editor's Note: Former §§ 6.19, Toxics, and 6.20, Monitoring, which immediately followed this subsection, were deleted 2-20-2007 by Ord. No. 6161.
[Adopted 8-17-2004 by Ord. No. 5828]
This article applies to applications for site location approval of certain pollution control facilities [as defined by Section 3.330 of the Illinois Environmental Protection Act (415 ILCS 5/3.330)]. Specifically, it is intended to apply to applications for site location approval for a "transfer station," as that term is defined in Section 3.500 of the Illinois Environmental Protection Act (415 ILCS 5/3.500) designed and intended to accept "municipal waste" (as defined herein) for temporary storage or consolidation, and further transfer to a waste disposal, treatment or storage facility. To the extent a facility described in an application proposes to manage material which is not "waste" [as defined by Section 3.535 of the Illinois Environmental Protection Act (415 ILCS 5/3.535)], or proposes to conduct an activity which is excluded from the definition of a "pollution control facility" as defined by the Illinois Environmental Protection Act (415 ILCS 5/39.2), or proposes to conduct an activity which does not require a permit from the Illinois Environmental Protection Agency, this article does not govern such application, and authorization to locate such a facility shall be determined by the City's other ordinances and codes, including but not limited to those related to zoning, special use, building or environmental requirements, as applicable.
All words used in this article shall have the same meanings and definitions as the same terms are defined in the Environmental Protection Act, 415 ILCS 5/1 et seq., and the implementing and interpreting administrative rules and regulations in effect as of the date hereof; and as said statute and regulations and rules may be amended or modified from time to time.
- The Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.
- Any person, group of persons, partnership, firm, association, corporation, company or organization of any kind that files an application for local siting approval pursuant to this article and Section 39.2 of the Act (415 ILCS 5/39.2).
- The document(s) filed by the applicant requesting local siting approval for a facility.
- City of Crystal Lake, Illinois, an Illinois Municipal Corporation. Clerk. The City Clerk for the City of Crystal Lake, Illinois. Facility. A new pollution control facility, as defined in the Act.
- HEARING OFFICER
- The attorney or other individual appointed by the Mayor of the City to preside over and conduct the public hearing(s) for site location approval associated with a siting application.
- The Illinois Environmental Protection Agency.
- MUNICIPAL WASTE
- Garbage, general household and commercial waste, industrial lunchroom or office waste, landscape waste, and construction or demolition debris [as defined in Section 3.160 of the Act (415 ILCS 5/3. 160)]. "Special waste," including, but not limited to, potentially infectious medical waste, hazardous waste, industrial process or pollution control waste, and empty containers in which special waste has been stored, and as specifically defined in Section 3.475 of the Act (415 ILCS 5/3.475) shall be excluded from the definition of "municipal waste."
- TRANSFER STATION
- A site or facility that accepts waste for temporary storage or consolidation, and further transfer to a waste disposal, treatment or storage facility, as defined in Section 3.500 of the Act (415 ILCS 5/3.500).
No later than 14 days prior to submittal of an application for site location approval, the applicant shall cause notice of intent to submit such an application to all owners of property within 250 feet in each direction of the lot line of the subject property line, and to all members of the General Assembly from the legislative district in which the site is located. Notification must be in conformance with the provisions of Section 39.2 of the Act (415 ILCS 5/39.2). Proof of compliance with the above-stated notification requirements must be submitted with the application.
Each application for a new pollution control facility to be processed pursuant to this article shall include an application fee of $200,000. This fee shall be waived if the applicant is a duly constituted Illinois municipality in good standing.
The applicable filing fee is intended to defray the reasonable and necessary costs of addressing and processing all aspects of the application, including, but not limited to, prefiling review matters, cost of site inspections, clerical expenses, copying costs, space rental, hearing officer compensation and expenses, court reporter expenses, transcription costs, public notice expenses, staff review time, reasonable attorney fees, times and consultants retained by the City (such as qualified professional engineers, planners, appraisers, environmental counsel, etc.) including test analysis, exhibit examination and other testimony (if any) provided by such consultants and professionals, as well as all other reasonable costs and expenses incurred in by City staff in review and evaluation of the application, as well as all other relevant costs incident to consideration of all aspects of the application, the costs incident to preparing the record for appeal, and the cost of representing the City on appeal in case of an appeal of the granting and/or denial of site location approval (the "City's costs").
Any portion of the application fee that remains unexpended upon final resolution of the siting process (including appeals to the Illinois Pollution Control Board, Appellate Courts, Illinois Supreme Court, Federal Courts and any other administrative review) shall be returned to the applicant. No application for site location approval shall be accepted until the initial filing fee is paid and accompanied by a notarized statement (verified under oath) of a duly authorized official of the applicant, affirming and pledging that the applicant will pay to the City such additional fees as are necessary to reimburse the City of Crystal Lake for moneys expended by the City in excess of the initial filing fee in preparing for, processing, reviewing and evaluating the application to its final resolution. Should there be any additional fees or costs incurred by the City in excess of the initial application fee, the applicant shall bear any and all such additional fees or costs, and shall promptly pay the same to the City within 30 days following receipt thereof. The applicant shall further be responsible for reimbursement to the City for expenses and reasonable attorney's fees incurred by the City as a result of any collection activity or litigation necessarily instituted by the City to collect such additional costs.
The City Council may, by adoption of appropriate resolution, reduce the application fee upon petition by the applicant setting forth the reasons why a reduction is justified. The City must make a finding that the reduced fee will not jeopardize the ability of the City to conduct a complete and impartial public hearing. The applicant shall be responsible for any fees or costs incurred over and above the reduced fee in accord with the aforegoing provisions of this Subsection B.
An executed host agreement must be appended to, and included as part of, any application filed with the City for site location approval.
Written presentation. The following is a listing of the minimum content of applications for site location approval for a transfer station to be located within the City of Crystal Lake. The applicant may, at its discretion, provide additional information with its application. NOTE: * Denotes that a graphic presentation or figure is required with the text.
The facility is necessary to accommodate the waste needs of the area it is intended to serve.
The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
Access roads and interior traffic circulation.*
Security measures to be implemented.
Weight station location and design.*
Parking on site.*
Vehicle stacking procedures.*
Utilities on site.*
Transfer station structure and detailed floor plan.*
Water supply, water capacity, and facility's water requirements.
Applicable stormwater management measures and standards.
Hours of operation.
Quantity of waste accepted.
Anticipated quantities of waste received by waste type.
Identification of acceptable waste types.
Waste screening procedures.
Waste transfer operational plan.*
Overnight storage of waste on site.
Waste volume throughput analysis.
Identification of disposal sites and demonstration of permit status.
Identification of proposed railroad activities.
Recycling activities on site.
Facility cleaning procedures.
Load checking program.
Traffic pattern (on site).*
Facility for employees.
Vector control procedures.
Indoor air quality.
Outdoor air quality.
Odor control procedures.
Noise control procedures.
Fire control protection.
Daily tonnage receipts by waste type.
In-county daily tonnage receipts.
All regulatory correspondence.
All environmental and regulatory inspections.
Wastewater generation and disposal records.
Load inspection, nonconforming waste and other discrepancy records.
Proposed life of facility.
Facility is located so as to minimize incompatibility with the character of the hiding area and to minimize the effect on the value of the surrounding property.
Plan of operations for the facility is designed to minimize the danger to the coding area from fire, spills or other operational accidents.
Traffic patterns to or from the facility are so designed as to minimize the impact on traffic flows.
Accident history of key intersections to and from facility.
Identification of routing to disposal facility.
Conclusion, signed by professional expert.
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.
If the facility is to be located in a county where the County Board has adopted a solid waste management plan consistent with the planning requirements of the local solid waste disposal act or the sold waste planning and recycling act, the facility is consistent with that plan.
The applicant for site location approval shall file 25 copies of the application, 10 full-sized copies of exhibits and 15 reduced copies of all exhibits to the City Clerk, together with the appropriate site review application fee. The applicant shall deliver up to 10 additional copies of the application to the City upon request.
The Clerk, upon receiving said application, shall do the following:
Accept for filing, and date stamp as filed, any application that is filed. The date on the date stamp of the Clerk shall be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the Clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the Act or this article.
Upon the filing of an application, the Clerk shall immediately distribute copies of the application to each member of the City Council then holding office, a copy to the Mayor of the City, a copy to the City Manager for the City and a copy to the City Attorney for the City.
The Clerk shall make available a copy of the application and public record concerning the application for public inspection during the normal business hours of the Clerk's office. Additionally, the Clerk shall provide to any person so requesting copies of the application or the public record, upon such person's payment of the actual cost of reproduction.
Form of applications.
All applications shall be in writing on eight-and-one-half-inch by eleven-inch, eight-and-one-half-inch by fourteen-inch, or eleven-inch by seventeen-inch paper.
The pages of the application shall be consecutively numbered, and all exhibits shall be clearly marked and identified.
The text portion of the application (not including exhibits or graphic presentations) shall be furnished in electronic format.
Proof of service evidencing that copies of said application were served upon each municipality whose official boundaries are within 1 1/2 miles of the property line of the proposed facility.
Proof of notice, pursuant to Section 39.2(b) of the Act [451 ILCS 5/39.2(b)].
For each application filed, the Mayor shall appoint a hearing officer to conduct the public hearing for that application. The appointment shall be confirmed by the full City Council of the City within 40 days of the receipt of each application.
The hearing officer shall preside over the public hearing and shall make decisions concerning the admission of evidence and the manner in which the hearing is conducted. The hearing officer shall make all rulings in accordance with fundamental fairness and statutory and constitutional requirements. The hearing officer shall prepare a statement of findings at the conclusion of the public hearing and following the submittal of additional comments during the thirty-day period following the public hearing.
Within 45 days of the receipt of the application, the hearing officer shall meet and schedule the date(s), location and time for the public hearing. The public hearing shall be scheduled by the hearing officer to be conducted at a location which is reasonably expected to be large enough to accommodate the number of persons anticipated to attend.
Within 60 days of the receipt of the application, the City Clerk shall notify the applicant, in writing, of scheduled public hearing date(s), location and time.
Within 65 days of the receipt of the application, the applicant shall publish notice of public hearing date(s), location and time, in a local newspaper(s) and notify, by certified mail, all members of the District General Assembly in which the proposed facility is located.
No sooner than 90 days, but no longer than 120 days, from the date of receipt of the application, the hearing officer shall commence public hearings which are adequate to establish the facts in the case, provided that said hearing shall be conducted within the required time periods. All public hearings shall be conducted as follows:
A pretrial conference hearing shall be held not less than three days prior to the date established for commencement of the hearing. At that time, the applicant, the City and any other participants of record shall participate in such preconference hearing. The hearing officer shall establish the date, time and manner in which such prehearing conference shall be conducted. The prehearing conference may (at the discretion of the hearing officer) be conducted either in person or by teleconference. The purpose of the preconference hearing shall include (but not necessarily be limited to) the following:
Determination of the criterion which will be placed in issue by any of the parties to the hearing;
To the extent necessary and practicable, address any prehearing issues which may have arisen; and
Address any prehearing motion which has been filed or any motions which will be presented on the first day of the hearing prior to the commencement of evidentiary testimony.
All persons desiring to be formal participants in the hearing, including members of the public, shall file their written appearance with the City Clerk not less than seven business days prior to the date scheduled for commencement of the hearing on the application, with copies of such appearance being provided by the participant to the applicant, the City, and any other participants of record. Any person so appearing at such public hearing shall have the right to present testimony and witnesses. Any such person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at said public hearing to cross-examine any witness may be reasonably limited in time and duration by the hearing officer, to assure completion of the hearings in accordance with the deadlines of the Act. The hearing officer may also propound questions to any witness or to the applicant to clarify the record established by the participants at the hearing or to bring out relevant information. If the City is not the applicant, the City shall be deemed a participant and a party to all proceedings, and shall proceed last with its case and cross-examination.
The applicant and the City's counsel shall be allowed to cross-examine witnesses by right, subject to such reasonable limitation as may be set by the hearing officer. Cross-examination by the City shall not be limited to matters contained in the application. Parties represented by attorneys may be allowed to cross-examine in the discretion of the hearing officer. Other persons shall be allowed to submit questions to the hearing officer, who shall exercise discretion as to the manner in which such questions are to be posed to witnesses. Sufficient examination of witnesses is to be allowed so as to provide for fundamental fairness.
All witnesses shall testify under oath. Testimony may include the use of prepared statements and exhibits. If testimony is by prepared statement, copies of such prepared statements shall be made available at the hearings (or, prior to the first hearing date, at the office of the City Clerk) at least one day in advance of such testimony being given. All witnesses shall be subject to reasonable examination as follows: direct, cross-examination, redirect and re-cross.
Public comment. The hearing officer may exercise discretion to allow public comment at each hearing or may set one time for public comment.
A verbal recording shall be made of the public hearing and a written verbatim transcript prepared by a certified court reporter or a certified shorthand reporter shall be made available, at cost, upon request. Written transcripts will be provided to all City Council members, the City Attorney, and outside counsel retained by the City to represent its interests during the siting process.
At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-examination by the City and any participants, in accordance with the provisions of this article, the applicant may file not more than one amended application. In such a case, the time limitation for final action set forth in the Environmental Protection Act, 415 ILCS 5/39.2(e), as amended, shall be extended for an additional period of 90 days. The hearing officer shall, in the hearing officer's discretion and to the extent reasonably practicable, permit the City, the applicant and any other formal participant (party) to file proposed findings of fact and conclusions of law.
Submission of demonstrative evidence and exhibits. Any exhibits that a participant, other than the applicant, anticipates using during the public hearing shall be submitted to the City at least three days prior to its anticipated use. All participants shall submit at least three copies of all exhibits. The City shall furnish one copy to the applicant.
Members of the public who participate in the public comment time held during the public hearing shall submit any exhibits they expect to use to the City prior to the time designated for the public to speak. At least three copies of all such exhibits shall be submitted. The applicant shall be provided one of the three copies.
Any additional exhibits to be used by the applicant during the public hearing and not a part of the application shall be submitted at least three days prior to their anticipated introduction at the public hearing. Any additional exhibit used by the applicant that in any way materially changes the proposed design, location and/or operation of the facility shall be considered an amendment to the application, and all sections of this article pertaining to amendments shall take effect.
The time limits for submission of evidence may be waived by the member of the hearing officer if he/she determines that the participant could not reasonably have anticipated the use of said exhibit at the time that submission was due.
Between 120 and 160 days of receipt of the application, transcripts from public hearings shall be forwarded to City Council members and the City Attorney for review. Upon the conclusion of the public hearing(s), the City shall publish in a local newspaper notice informing the public of the deadline for submission of post-hearing written public comments. Written comments submitted to the City Clerk within 30 days of the final public hearing shall be made a part of the record of proceedings and considered. Copies of all comments received by the City Clerk shall be forwarded to all City Council members, the applicant and the City Attorney. Copies of comments shall be distributed to the City Manager for the City and other persons upon request.
Upon completion of the public hearing, interested City staff shall have 30 days thereafter in which to file their final reports and recommendations with the hearing officer. Copies of the final reports shall be available for public inspection in the office of the City Clerk for three working days prior to the hearing officer's decision. Members of the public shall be allowed to obtain a copy of said documents upon payment of the cost of reproduction.
The hearing officer shall make findings and recommendations, reduce the same to writing and submit the same to the City Council for its decision as to the ultimate approval or disapproval of the proposed application.
The City Council shall make a decision based upon the record made in the matter. The decision of the City Council shall be by duly adopted resolution, in writing, specifying the reasons for the decision, such reasons to be in conformity with Section 39.2(a) of the Act [415 ILCS 5/39.2(a)]. In granting site location approval, the City Council may impose such conditions as may be reasonable and necessary to accomplish the purposes of the Act, to the extent that said conditions are not inconsistent with the Act and the regulations promulgated by the Illinois Pollution Control Board. Such decision shall be available for public inspection at the office of the City Clerk, and may be copied upon payment of the cost of reproduction. If there is no final action by the City Council within 180 days (or 270 days if an amended application has been filed) after the filing of the application for site location approval, the applicant may deem the application approved.
Within seven days after the City Council approves or denies the application, the decision, and basis for the decision, shall be provided to the applicant in writing.
Under the requirement of 415 ILCS 5140.1, within 35 days after the City Council approves or denies the application, any appeal of the City Council decision (by applicant, objector, public or anyone affected by the proposal) must be filed with the Illinois Pollution Control Board.
An applicant may not file an application for site location approval which is substantially the same as a request which was disapproved, pursuant to a finding against the applicant under any criteria of Section 39.2(a) of the Act [415 ILCS 5/39.2(a)], within two years of the time of the disapproval.