[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:
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.
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.[1] 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]
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.
Comprised of the Mayor and City Council.
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]
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.
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.
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.
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.
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.
[1]
Editor's Note: See 415 ILCS 5/1 et seq.
A.
The City Manager is hereby authorized to designate
the duties of the enforcing officers, who shall exercise the duties
set forth in this section.[1]
[1]
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.
B.
Duties of the enforcing officer:
(1)
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]
(2)
To institute necessary proceedings to prosecute violations
of this article and compel the prevention and abatement of environmental
contaminants, and nuisances arising therefrom.
(3)
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.
(4)
To cause inspections to be made of pollution control
devices.
(5)
To investigate complaints, make observations of contaminant
conditions and take the necessary and proper action to abate nuisances
therefrom.
(6)
To advise, consult and cooperate with other governmental
agencies in the furtherance of the purpose of this article.
(7)
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.
(8)
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]
(9)
To enlist the cooperation of civic, technical, scientific
and educational groups, societies and organizations in respect to
the reduction and abatement of air contaminants.
(10)
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.[2]
[2]
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.
C.
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]
D.
Right of entry:
(1)
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.
(2)
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.
(3)
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.
A.
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.
B.
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.
C.
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.
D.
The City Council shall forthwith by certified mail
notify all parties of its decision, as well as all members of the
Pollution Committee.[1]
[1]
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; 4-19-2022 by Ord. No. 7809]
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.
A.
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. Recreational fires and campfires are exempt
from the permit requirement.
(1)
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 set fire/bonfire permit application
obtained from and filed with the Crystal Lake Fire Rescue Department.
(2)
Recreational fires or campfires. Small recreational fires, including
campfires, shall be permitted. Recreational fires or campfires 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.
(3)
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.
(4)
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.
B.
Annual set fire/bonfire permit issuance. Any person, firm or corporation
requesting a permit for a set 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 fires, set fires and bonfires
shall further be subject to the following conditions:
(1)
Notification.
(a)
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.
(b)
Annual applications for set fires shall be submitted in writing
at least 10 days before the first fire is set.
(2)
Owner. All permits shall be requested by and issued only to the owner
of land upon which the open burn is to be kindled.
(3)
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.
(4)
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.
(5)
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.
(6)
Duration. Any bonfire or recreational burning shall not burn longer
than three hours and shall be extinguished no later than 12:00 midnight.
(7)
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/property owner
or the Fire Rescue Department, of any recreational burning that creates
or adds to a hazardous or objectionable situation.
(8)
Permit duration. Each set fire/bonfire permit shall be issued for
the appropriate calendar year and must be renewed on an annual basis.
(9)
Fuel for the recreational fire, campfire or bonfire will consist
of only seasoned, dry firewood and be ignited with a small quantity
of paper.
C.
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.
D.
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 set fire, bonfire or recreational burning fire being
conducted in violation of any of the provisions of this section.
E.
Penalties for offenses. The Fire Rescue Chief or his/her designated representative shall investigate all violations of the annual set 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 set fire/bonfire permits. Additionally, any person violating any provision of this section, including recreational fire conditions, 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.[1]
[1]
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.[1]
[1]
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.
A.
DAIRY EQUIPMENT, BEVERAGE EQUIPMENT AND FOOD PROCESSING EQUIPMENT
INDUSTRIAL CLEANING EQUIPMENT
MACHINE DISHWASHER
POLYPHOSPHATE BUILDER or PHOSPHORUS
RECOMMENDED USE LEVEL
SYNTHETIC DETERGENT or DETERGENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Equipment used in the production of milk and dairy products,
food and beverages, including the processing, preparation or packaging
thereof for consumption.
Machinery and other tools used in cleaning processes during
the course of industrial manufacturing, production and assembly.
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.
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.
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.
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.
B.
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]
C.
Limitations.
(1)
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.
(2)
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).[1]
[1]
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.
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.
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."
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).
A.
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.
B.
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.
(1)
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").
(2)
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.
(3)
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.
A.
An executed host agreement must be appended to, and
included as part of, any application filed with the City for site
location approval.
B.
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.
(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.
(a)
Introduction.
(e)
Site design.
[1]
Entrance.*
[2]
Landscaping plan.*
[3]
Access roads and interior traffic circulation.*
[4]
Security measures to be implemented.
[5]
Weight station location and design.*
[6]
Parking on site.*
[7]
Vehicle stacking procedures.*
[8]
Utilities on site.*
[9]
Office structures.
[10]
Transfer station structure and detailed floor
plan.*
[11]
Water supply, water capacity, and facility's
water requirements.
[12]
Applicable stormwater management measures and
standards.
(f)
Operations.
[1]
Hours of operation.
[2]
Quantity of waste accepted.
[3]
Anticipated quantities of waste received by
waste type.
[4]
Identification of acceptable waste types.
[5]
Waste screening procedures.
[6]
Waste transfer operational plan.*
[7]
Overnight storage of waste on site.
[8]
Waste volume throughput analysis.
[9]
Identification of disposal sites and demonstration
of permit status.
[10]
Identification of proposed railroad activities.
[11]
Recycling activities on site.
[12]
Equipment requirements.
[13]
Facility cleaning procedures.
[14]
Load checking program.
[15]
Traffic pattern (on site).*
[16]
Facility for employees.
[17]
Fueling procedures.
[18]
Litter control.
[19]
Vector control procedures.
[20]
Indoor air quality.
[21]
Outdoor air quality.
[22]
Odor control procedures.
[23]
Noise control procedures.
[24]
Training personnel.
[25]
Fire control protection.
[26]
Lockout/tagout procedures.
[27]
Insurance coverage.
[28]
Recordkeeping procedures.
[a]
Daily tonnage receipts by waste
type.
[b]
In-county daily tonnage receipts.
[c]
All regulatory correspondence.
[d]
All environmental and regulatory
inspections.
[e]
Wastewater generation and disposal
records.
[f]
Load inspection, nonconforming
waste and other discrepancy records.
[g]
Accident records.
[31]
Proposed life of facility.
(3)
(5)
Plan of operations for the facility is designed to
minimize the danger to the coding area from fire, spills or other
operational accidents.
(6)
Traffic patterns to or from the facility are so designed
as to minimize the impact on 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 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.
A.
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.
B.
The Clerk, upon receiving said application, shall
do the following:
(1)
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.
(2)
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.
(3)
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.
C.
Form of applications.
(1)
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.
(2)
The pages of the application shall be consecutively
numbered, and all exhibits shall be clearly marked and identified.
(3)
The text portion of the application (not including
exhibits or graphic presentations) shall be furnished in electronic
format.
D.
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.
E.
Proof of notice, pursuant to Section 39.2(b) of the
Act [451 ILCS 5/39.2(b)].
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
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:
(a)
Determination of the criterion which will be
placed in issue by any of the parties to the hearing;
(b)
To the extent necessary and practicable, address
any prehearing issues which may have arisen; and
(c)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Public comment. The hearing officer may exercise discretion
to allow public comment at each hearing or may set one time for public
comment.
(6)
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.
G.
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.
H.
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.
(1)
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.
(2)
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.
(3)
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.
I.
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.
J.
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.
K.
Decisions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
