§ 50-54. Procedure for filing application for approval.

(a)

Host agreement.

(1)

Prior to submitting an application for siting approval for a PCF, the applicant shall enter into negotiations with the county board to develop a host agreement. The host agreement must be approved by the county board. The host agreement shall be signed by the applicant and the chairman of the county board before the applicant submits an application for siting of a PCF. The host agreement shall be completed prior to any pre-filing review of a conceptual PCF.

(2)

If the county and applicant agree that a pre-filing review is warranted, then a pre-filing deposit of $75,000.00 shall be submitted prior to the county engaging professional services to review the draft concept application. Any pre-filing review shall occur completely prior to the applicant initiating the siting process described in section 39.2 of the Act. A memorandum of understanding between the applicant and county will be drafted and signed by each party prior to entering into pre-filing discussions. The memorandum of understanding shall define the roles of the county and applicant and the detail of how the deposit will be utilized by the county. Any part of the pre-filing deposit that is not utilized for costs will be returned to the applicant. Any costs incurred by the county associated with the pre-file review above and beyond the pre-filing deposit shall be the responsibility of the applicant. Nothing in this article requires that a pre-filing review be performed.

(3)

The applicant shall meet all notice requirements as required by 415 ILCS 5/1 et seq., as follows:

a.

The applicant shall cause to be published no sooner than 30 days nor later than 15 days prior to a request for siting approval a written notice of such request to be served either in person or by registered mail, return receipt requested, on the owners of all properties:

1.

Within the subject area not solely owned by the applicant,

2.

Adjoining the subject property,

3.

That would be adjoining but for public right-of-ways and other easements that do not extend more than 400 feet from the subject property line, and

4.

Adjoining those properties above.

Said owners being such persons or entities, which appear from the authentic tax records of the county in which such facility is to be located. The county may also provide notice of such a request for siting approval by erection of a sign on the subject property, posted in a conspicuous place on the subject property allowing unobstructed public viewing.

b.

The applicant shall also serve, within 14 days prior to a request for siting approval written notice upon members of the general assembly from the legislative district in which the proposed facility is located and this notice shall be published in a newspaper of general circulation published in the county. Such notice shall state the name and address of the applicant, the location of the proposed site, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for site approval will be submitted to the county board, a description of the right of persons to comment on such request as hereafter provided and any other information as may be required by the committee rules and procedures.

c.

The applicant shall file proof of all notice requirements with the county board within 14 days of their publication.

(b)

Application submittal and fee.

(1)

In order to request siting approval of a proposed pollution control facility or expansion of an existing pollution control facility in the county, an applicant must file an application with the county board, with a minimum of 31 copies of the application and the substance of the applicant's proposal showing sufficient details describing the proposed facility to demonstrate compliance, including all site plans, exhibits and maps, and all documents, if any, submitted as of that date to the IEPA pertaining to the proposed facility in connection with said applicant's application except trade secrets as determined under section 7.1 of the act (415 ILCS 5/7.1). The application may be obtained from the secretary of the county board.

The application must be complete, with answers provided for each question on the application form. The application should contain consecutively numbered pages and it must contain, as specified in the articles:

a.

Identification of the applicant;

b.

Operation classification;

c.

Site location;

d.

Site history;

e.

Notice to adjoining landowners;

f.

Specific information by criteria in ten sections with attachments as described in section F of the application.

No application for site approval shall be deemed to have been filed or accepted for filing and the county clerk shall not give a receipt or other indication of filing until such time as the county clerk has determined that the application has been filed:

a.

With the correct number of copies as required by the articles and paragraph (b)(1) of this subsection,

b.

With the application fee as provided in paragraph (b)(2) of this subsection, and

c.

In the form required by the articles and paragraph (b)(1) of this subsection.

Within a reasonable period of time after delivery of an application (considered ten working days), the county clerk shall advise the applicant either that the application appears substantially complete and that it has been accepted for filing, designating the date of filing as the date of final completeness determination; or that the application is not complete, specifying where it is deficient, and thus not filed.

Receipt and acceptance of an application by the county clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the Act or this article. It is the responsibility of the applicant to ensure that the application contains all studies, analyses, site plans, exhibits, maps and documents required by this article and by the articles of rules and procedures.

The date that the county determines that the applicant has filed a complete application in proper form, together with the applicable filing fee deposit, with the county clerk, shall be considered the official filing date for all time limit purposes.

(2)

In addition, the applicant must file with the county board a deposit fee of:

a.

One hundred seventy five thousand dollars for a transfer station or mixed waste processing facility;

b.

Three hundred thousand dollars for either a refuse derived fuel facility, an organic and/or mixed municipal waste composting facility, or a new or expanded sanitary landfill;

c.

Five hundred thousand dollars for a hazardous waste disposal site or for an incinerator or PCF that burns refuse derived fuel; or

d.

An amount to be negotiated with the county for other types of pollution control facilities.

Appropriate methods of payment of filing fees include only the following: wire transfer to the county bank account, cashier's check, negotiable money order, or certified check with Treasurer, DeKalb County, Illinois listed as the payee.

The fee as applicable is intended to defray the reasonable and necessary costs of processing the application, including space rental, hearing officer, court reporter, transcription costs, public notice, staff review times, committee per diems, state's attorney and county consultants (including tests, exhibits and testimony, if any, provided by the consultants), any other relevant costs incident to the consideration of an application, and the costs of preparing the record for appeal, if any appeal of a county board decision is made to the state pollution control board. If the costs to the county are less than the amount paid in the form of the deposit, the excess shall be refunded to the applicant. Should there be any additional costs incurred by the county over the amounts paid as deposit, the applicant shall bear any and all additional costs.

(3)

The application must be answered completely with information provided for each question, accompanied by all site plans, exhibits, maps and documents as specified in subsection (a)(1) above. The date the applicant files the application with the office of the county board shall be considered the official filing date for all time limit purposes. At any time prior to the completion by the applicant of the presentation of the applicant's factual evidence and any opportunity for cross-questioning by the county board and any participants, the applicant may file not more than one amended application upon payment of an additional fee of $50,000.00 pursuant to section 39.2(k) of the act (415 ILCS 5/39.2(k)) and subsection 17-29(c)(2) of this section. The county may waive or reduce the fee for the amended application upon review of its expenses and costs to date. However, the time limitation for final action set forth in section 39.2(e) of the act (415 ILCS 5/39.2(e)) and subsection 50-57(b) of this article shall be extended for an additional period of 90 days.

(c)

Distribution of copies; study and review.

(1)

Upon receipt of a completed application, and payment of the deposit fee, the secretary of the county board shall date stamp all the copies and immediately deliver one copy to the chairman of the county board, one copy to the director of the department of planning, zoning and building, one copy to each municipality within 1½ miles of the proposed facility and one copy to the chairman of the pollution control facility committee.

(2)

In order to develop a record sufficient to form the basis of an appeal of the county board decision, the county department of health and the state's attorney's office may retain consultants on behalf of the county. The consultants and the county agencies shall then commence a study of the application. The applicant shall cooperate fully with the consultants and the technical staff of the county in their review of the application.

(d)

Public inspection. A copy of the application and all related documents or other materials on file with the county board shall be made available for public inspection in the office of the county board and at a library or libraries specified by the county. Members of the public shall be allowed to obtain a copy of said request or any part thereof upon payment of actual cost of reproduction and proper request as outlined in The Freedom of Information Act (5 ILCS 140/1 et seq.).

(Code 1979, § 17-29; Ord. 2007-12, 9-19-07)