§ 50-56. Hearings on applications.

(a)

At least one public hearing shall be held by the pollution control facility committee no sooner than 90 days but no later than 120 days from the receipt of the request for site approval under this article. The public hearing shall develop a record sufficient to form the basis of any appeal.

(b)

The applicant is to cause to be published a notice of the hearing in a newspaper of general circulation published in the county not later than 15 days before the hearing, and notice by certified mail to all members of the general assembly from the district in which the proposed site is located, to the governing authority of every municipality contiguous to the municipality in which the proposed site is to be located, and to the state environmental protection agency. The county may also provide notice of such hearing by erection of a sign on the subject property, posted in a conspicuous place on the subject property allowing unobstructed public viewing.

(c)

The chairman of the committee shall notify the applicant in writing of the date of the public hearing before the committee, at least 21 days before that hearing, in order that the applicant may publish notice of that hearing.

(d)

During the course of the public hearing before the committee, the committee shall receive testimony, such testimony to be recorded, from the applicant and witnesses the applicant may call, any county witnesses, and other witnesses or objectors, and shall recommend approval only if the proposed facility meets the following criteria:

(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.

(3)

The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property.

(4)

The facility is located outside the boundary of the 100-year floodplain or the site is flood proofed.

(5)

The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents.

(6)

The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows.

(7)

If the facility will be treating, storing or disposing 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 will be located within a regulated recharge area, any applicable requirements specified by the state pollution control board for such areas have been met.

(9)

The facility is consistent with any current solid waste management plan adopted by the county board.

The committee and the county board may also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation) in the field of solid waste management when considering criteria (2) and (5) above and of section 39.2(a) of the act (415 ILCS 5/39.2(a)).

(e)

A hearing officer appointed by the committee shall preside at the public hearing and shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to this article and the articles of rules and procedures of the committee. However, the hearing officer shall make all rulings and decisions in accordance with fundamental fairness. No procedural ruling of the hearing officer shall be appealable to the county board.

(f)

The decision of the committee on the application is to be in writing, specifying the reasons for the decision, such reasons to be in accordance with subsection (d) of this section. The committee shall submit its report to the county board as soon as practicable.

(g)

The siting approval, procedures, criteria and appeal procedures provided for in the act for new pollution control facilities as set forth in this article shall be the exclusive siting procedures and rules and approval procedures. Local zoning or other local land use requirements shall not be applicable to such siting decisions. If siting approval is granted, the site shall be designated for "special use" on county zoning maps.

(Code 1979, § 17-31; Ord. 2007-12, 9-19-07)