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G83-03 CITY OF ELGIN ORDINANCE NO. G83-03 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING A NEW CHAPTER TO TITLE 9 THEREOF TO ESTABLISH A PROCEDURE FOR NEW POLLUTION CONTROL FACILITY SITE APPROVAL REQUESTS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 24th DAY OF SEPTEMBER 2003 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 26th day of September 2003. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on September 26, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. G81-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G81-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on September 26, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 26, 2003 i3tC431A.1,0 Municipal Clerk (SEAL) r Ordinance No . G83-03 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING A NEW CHAPTER TO TITLE 9 THEREOF TO ESTABLISH A PROCEDURE FOR NEW POLLUTION CONTROL FACILITY SITE APPROVAL REQUESTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 9 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following Chapter 9 . 33 thereto to read as follows : "CITY OF ELGIN POLLUTION CONTROL FACILITY SITING ORDINANCE 9 . 33 . 010 SHORT TITLE : The Ordinance codified in this Chapter shall be known, cited, and referred to as the CITY OF ELGIN POLLUTION CONTROL FACILITY SITING ORDINANCE. 9 . 33 . 020 PURPOSE AND FINDINGS : A. The Ordinance codified in this Chapter is adopted to regulate the siting of New Pollution Control Facilities in the City in order to determine whether: 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 . (a) For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100 year floodplain, or the site is flood-proofed; (b) For a facility that is a sanitary landfill or waste disposal site, the facility is located outside the em. boundary of the 100-year floodplain, or if the facility is a facility described in subsection (b) of Section 22 . 19a of the Act, 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 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 . The facility is consistent with the Solid Waste Management Plan adopted by the county in which the proposed site is located; and 9 . If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board 00. such areas have been met . B . The City Council finds and determines : 1 . The Illinois Environmental Protection Act, 415 ILCS 5/1 et seq. ("Act") , restricts the authority of the Illinois Environmental Protection Agency ( "Agency" ) to issue permits for the development or construction of New Pollution Control Facilities in municipalities unless the applicant submits proof to the Agency that the location of said facility has been approved by the governing body of the municipality where such facility is located. For the purpose of the Act, the governing body of the City is the City Council . 2 . The Act requires an applicant for a New Pollution Control Facility to be sited within the City to file an Application. Said Application shall be filed with the City Clerk. After an Application is filed, the City shall take public comment and hold a public hearing on the application. The decision by the City Council with respect to the Application for such facility is required to be based solely upon the record developed at the public hearing and upon the written comments . 2 rik 3 . In order to protect the public interest and to promote the orderly conduct of the hearing process and insure that full and complete information is made available to the governing body of the municipality, it is necessary that procedures be established for conducting the public hearings and making decisions regarding site approval requests . 4 . The Act provides that the requirements of the City' s Zoning Ordinance are superseded by the siting approval process and determination pursuant to this Ordinance . Accordingly, in accordance with the Act this Ordinance shall govern the acceptance, consideration, evaluation and decision as to any Application for the siting of a New Pollution Control Facility. 9 . 33 . 030 DEFINITIONS : ACTUAL COST OF REPRODUCTION: The actual cost incurred or paid by the City to reproduce any part of the record, including the cost paid by the City to a professional copy service, or in the case of a transcript , the cost paid for copies by the City to the court reporting firm. AGENCY: The Illinois Environmental Protection Agency. APPLICANT: Any person, firm or partnership, association, corporation, company, local government, joint action agency, or organization of any kind who files an Application pursuant to this Ordinance . APPLICATION: The application prepared by the Applicant and satisfying the requirements of this Ordinance for the siting of a New Pollution Control Facility within the City. CONSULTANTS : Any consultants or advisors retained by the City in connection with the Application to provide advice and counsel to the City concerning the evaluation of the proposed Pollution Control Facility using the criteria specified in Section 9 . 33 . 100, including any technical , environmental , engineering, land use, economic, traffic, emergency response, groundwater, and legal issues associated therewith. Consultants shall include attorneys retained by the City for the purpose of the Application. IPCB: The Illinois Pollution Control Board. NEW POLLUTION CONTROL FACILITY: Any (i) Pollution Control Facility initially permitted for development or construction after July 1, emk 1981; (ii) area of expansion beyond the boundary of a currently permitted Pollution Control Facility; or (iii) Pollution Control 3 eft Facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste . POLLUTION CONTROL FACILITY: Any waste storage site, sanitary landfill , waste disposal site, waste transfer station, waste treatment facility, or waste incinerator, as defined in the Act . 9 . 33 . 040 APPLICATION AND CONTENTS OF APPLICATION: A. A minimum of twenty-five (25) complete copies of the Application including copies of all site plans, exhibits, and maps, shall be filed with the City Clerk. However, only ten (10) copies of large-scale engineering drawings are required to be filed with the Application, provided the Applicant files fifteen (15) copies of the engineering drawings that have been reduced onto 11" x 17" paper. Upon receipt by the City Clerk, the Application shall be date stamped. Copies of the Application shall be given to the Mayor, the members of the City Council , City Manager, Community Development Group Director and the Corporation Counsel . Upon selection, a copy of the Application shall be given to the hearing officer and any Consultants . B. The Application shall be available for public inspection at eft the office of the City Clerk during regular business hours. A copy of the Application or any part thereof shall be available from the City Clerk upon payment of the Actual Cost of Reproduction. The City Clerk shall fill such requests within a reasonable time. C. The Application shall contain the following information and shall be filed in the following form. 1 . The Applicant shall submit a request for siting approval on 8% " x 11" paper that sets forth: (a) The name and address of the Applicant , all direct and indirect owners of such Applicant, and the ownership interest held by such owners; (b) The name of the owner and address of the site on which the Pollution Control Facility is proposed to be located, all direct and indirect owners of such site, and the ownership interest held by such owners, and if owned in a land trust , all beneficiaries of such land trust by name and address and the ownership interest held by such beneficiaries; eft 4 (c) The legal description of the proposed site, and a street address or some other reasonable description of where the proposed site is located; (d) A narrative description of the proposed Pollution Control Facility, its expected manner of operation and useful life, and the nature and quantity of wastes proposed to be accepted each day, month and year during operation; (e) A complete and thorough description of the area to be served by the proposed Pollution Control Facility, the waste needs in such area, and why the proposed Pollution Control Facility is necessary to accommodate such waste needs; (f) A list of all existing Pollution Control Facilities and of all proposed Pollution Control Facilities for which an application has been submitted to the Agency under the Act for a permit to develop or operate a New Pollution Control Facility in each case which are located within or serving or reasonably capable of serving the area proposed to be served and, for each such facility, the . following information shall be provided: location, owner, operator, type of pollution control facility (e.g. , landfill , transfer station) , hours of operation, restrictions on operation including on the nature and quantity of waste that can be accepted, and to the extent reasonably available from public sources, nature and average quantity of waste accepted each month and year during the last three years, remaining capacity, expected remaining useful life, traffic patterns and copies of any emergency response plans; and (g) A description of why the proposed Pollution Control Facility is consistent with the Solid Waste Management Plan, adopted and in effect at the time of the Application in the county in which the proposed site is located. 2 . The Applicant shall submit three (3) copies of all documents, if any, submitted to the Agency pertaining to the proposed Pollution Control Facility. The Applicant may redact from such documents any trade secrets determined to be such pursuant to 415 ILCS 5/7 . 1, and if it is not reasonable to redact such trade secrets from a document, the Applicant may withhold such document . The Applicant shall submit a log reasonably identifying any 5 �A documents withheld because it was not reasonable to tt redact trade secrets from such documents . Prior to the public hearing held pursuant to this Ordinance, the Applicant shall submit to the City Clerk and the hearing officer, if any, all additional documents submitted to the Agency pertaining to such facility. 3 . The Applicant shall submit site plans describing and showing, in concept, the proposed Pollution Control Facility including, but not limited to, existing and proposed: (a) Cross sections; (b) Fences, buildings and other structures; (c) Roads, entrances and driveways; (d) Pollution control equipment, including any air pollution control equipment, any solid waste treatment, storage, or disposal devices or equipment, any wastewater treatment works, and any stormwater management improvements, including all compliance and monitoring points; and elk (e) Emergency response equipment and control systems . 4 . The Applicant shall submit a topographic survey of the site of the proposed Pollution Control Facility and the surrounding area within 100 feet which indicates land use, contours, and, if applicable, the boundary of the 100-year flood plain, and such survey shall include the information required by Chapter 18 . 16 . 5 . The Applicant shall submit the plan of operation for the proposed Pollution Control Facility, which shall include the following comprehensive details : (a) Means, manner and methods of waste storage, treatment, disposal , consolidation or transfer or other processes; (b) Proposed hours of operation; (c) Job descriptions for all of the personnel ; (d) Means, manner and method of litter, vector, dust and odor control, and a plan for monitoring and eft complying with such operational plans; 6 (e) Management of surface and stormwater drainage and discharge; (f) The operation of the fire control system; and (g) Corrective and response actions for spills and other operational accidents . 6 . The Applicant shall submit a traffic study for the site of the proposed Pollution Control Facility, which shall include : (a) The proposed traffic routes for entering and leaving the proposed Pollution Control Facility, all traffic control points and the location of any schools, churches, medical care facilities, and residential uses along such routes, and any other significant features or characteristics of such routes; (b) The daily traffic patterns, number of vehicles, and nature of vehicles, each as of the date of the Application, and the locations of any regular traffic delays, slowdowns, or accidents . (c) All projected changes to existing traffic patterns due to the proposed Pollution Control Facility, including number of vehicles, nature of vehicles and the affect of such traffic patterns on the locations of any regular traffic delays and slowdowns, and areas of high incidents of traffic accidents . 7 . The Applicant shall submit financial assurance or insurance with coverages, limits and exclusions, each of which are reasonably acceptable to the City, in amounts or limits sufficient to cover property damage, personal injury, sudden and non-sudden accidental occurrences and pollution impairment arising out of the operation of the Pollution Control Facility, workers compensation in the statutory amount, and umbrella coverage with limits that are reasonably acceptable to the City. 8 . The Applicant shall submit a statement describing the past operating experience of the Applicant (and any subsidiary and parent corporation) in the field of solid waste management within the preceding ten (10) years . 9 . The Applicant shall submit a statement describing the past record of all convictions or admissions of 7 violations of the Applicant (and any subsidiary and parent corporation) in the field of solid waste management within the preceding ten (10) years . 10 . The Applicant shall submit a copy of all pre-filing notices required by Section 39 . 2 of the Act . 11 . The Applicant shall submit any host agreement entered into between the City and the Applicant . 12 . The Applicant shall submit all additional pertinent documentary support for the Application that the Applicant wants the City Council to consider at the public hearing, and if admissible, in taking its decision under this Ordinance . It is intended that the Applicant provide a full and complete disclosure of its case to facilitate early review and analysis by all parties . However, the Applicant shall not be precluded from introducing at the public hearing documentary support for the request that was not included in the application for site location approval, provided said documents were not reasonably available at the time the application was filed. e"` D. An application for site approval shall not be filed that is substantially the same as a request that was disapproved pursuant to a finding against an Applicant by the City under any of criteria (i) through (ix) of Section 39 . 2 of the Act, as amended, within the preceding two (2) years . E. At any time prior to the completion by the Applicant of the presentation of the Applicant ' s factual evidence and an opportunity for cross-questioning by the City and any participants, the Applicant may file not more than one amended application; in which case time limitations for final action by the governing body of the municipality shall be extended for an additional period of ninety (90) days . 9 . 33 . 050 REVIEW BY THE CITY: A. Upon filing, the City Clerk shall provide a copy of the Application for review and comment to the Department of Community Development, the Department of Public Works, the Fire Department, the Police Department and the Corporation Counsel . B. Prior to the public hearing, the Mayor with the consent of the City Council shall appoint a hearing officer to preside over the public hearing. The Mayor with the consent of the City Council may retain Consultants to advise the City with respect 8 to the Application, evidence adduced at the public hearing, and comments received by the City. The costs of such Consultants shall be paid directly by the Applicant . C. The Consultants retained by the City, if any, are authorized to present testimony at the public hearing as hereinafter described and to prepare reports and recommendations in response to the Application and to any written comments filed with the City Clerk. Such reports and recommendations shall be filed with the City Clerk at least ten (10) days before the public hearing commences, as hereinafter described. 9 . 33 . 060 PREHEARING FILINGS : A. Three (3) copies of all reports, studies, exhibits or other evidence, other than oral testimony, which any person other than the City and Applicant desires to submit for the record to be used at the public hearing, along with a list identifying the witnesses to be called to testify at the public hearing, must be filed with the City Clerk no later than ten (10) days before the public hearing commences . B. Three (3) copies of all reports, studies, exhibits or other evidence, other than oral testimony, which the City, the '` Consultants, if any, any City Department and any participant desires to submit for the record to be used at the public hearing, along with a list identifying the witnesses to be called to testify at the public hearing, must be filed with the City Clerk no later than ten (10) days before the public hearing commences . C. Three (3) copies of the Applicants witness list identifying the Applicant ' s witnesses to be called to testify at the public hearing in the Applicant ' s case in chief must be filed with the City Clerk at least ten (10) days before the public hearing commences . The Application and all reports or studies contained therein shall be deemed admitted as evidence and may be used by any person as an exhibit at the public hearing. D. If the 10th day prior to the date set for the public hearing falls on a day the City Clerk' s office is not open, all submittals made pursuant to this Section 9 . 33 . 060 must be filed on the next day the City Clerk' s office is open for regularly scheduled business hours . Upon receipt by the City Clerk, such submittals shall be date stamped. Upon selection, a copy of such submittals shall be given to the hearing officer and any Consultants . All such submittals shall be available for public inspection at the office of the City e' Clerk during regular business hours. A copy of such submittals or any part thereof shall be available from the 9 tow City Clerk upon payment of the Actual Cost of Reproduction. The City Clerk shall fill such requests within a reasonable time . 9 . 33 . 070 PUBLIC HEARING: A. The City shall hold a public hearing on the Application. Within thirty (30) working days after an Application is filed, the City shall determine the date, time and location of a public hearing concerning the Application, but in any event the public hearing shall be held no sooner than 90 days but no later than 120 days from the date the Application was filed with the City Clerk. A transcript shall be made and retained of all portions of the public hearing. B. The City shall notify the Applicant of the date, time and location of such hearing. The Applicant shall cause notice of such hearing to be made as follows : 1 . No later than 14 days prior to the hearing, notice shall be published in a newspaper of general circulation published in the county in which the proposed site is located. 2 . No later than 14 days prior to the hearing, notice shall be delivered by certified mail to all members of the General Assembly from the district in which the proposed site is located, to the Agency, to the County Board of the county in which the proposed site is located, and to the governing authority of all municipalities contiguous to the proposed facility or contiguous to the City. 3 . Notices given in accordance with this Section 9 . 33 . 070 shall contain the following : (a) The name and address of the Applicant . (b) The owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust . (c) The legal description of the subject site . (d) The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the neighborhood. 10 (e) The nature and size of the proposed development . (f) The nature of the activity proposed. (g) The probable life of the proposed activity. (h) The time and date of the public hearing. (i) The location of the public hearing. (j ) A statement that all documentary evidence, other than oral testimony, to be submitted at the public hearing and a list identifying witnesses must be filed with the City Clerk at least ten (10) days before the public hearing commences . (k) A statement that all persons, including members of the public, intending to testify or cross-examine must submit notice of said intent to the City Clerk or sign in with the hearing officer on or before the first day of the public hearing. (1) A statement that written comment must be received by the City Clerk or postmarked not later than 30 days after the date of the last public hearing. D. The hearing officer appointed by the City shall preside over 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 Ordinance. The hearing officer shall make all decisions and rulings in accordance with fundamental fairness . The hearing officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No ruling of the hearing officer shall be appealable to the governing body of the municipality. E . The Applicant shall have the burden of proving that the proposed Pollution Control Facility can demonstrate compliance with, and that the proposed Pollution Control Facility satisfies the criteria in, Section 9 . 33 . 100 . F. Any person wishing to participate at the public hearing shall have the rights, obligations or opportunities as set forth in this Ordinance consistent with Section 39 . 2 of the Act and fundamental fairness . 1 . Any person appearing at such public hearing shall have the right to give testimony and comment on compliance with, and whether the proposed Pollution Control Facility satisfies the criteria in, Section 9 . 33 . 100 . 11 2 . All persons intending to participate in the hearing, including members of the public, must submit written notification of said intent to the City Clerk before the first day of public hearing or register in person with the hearing officer prior to the close or adjournment of the first day of hearing. Any person who has submitted a timely notification of intent to participate at such public hearing shall have the right to present testimony and witnesses and orally comment on compliance with, and whether the proposed Pollution Control Facility satisfies the criteria in, Section 9 . 33 . 100 . Should the public hearing extend beyond one day, any person, not of record as of the first day of the public hearing, shall not be allowed to present testimony or cross examine, except as authorized by the hearing officer for cause shown, consistent with fundamental fairness . Failure to file said notice of intent or to register in person with the hearing officer shall not prevent any person from commenting orally at the conclusion of evidence, subject to the hearing officer ' s discretion. 3 . Any such person shall have the right to be represented by an attorney at said public hearing. Participants represented by attorneys shall have the right of reasonable cross examination, subject to the hearing officer' s judgment and consistent with fundamental fairness . Participants not represented by attorneys shall be allowed to submit written cross examination questions to the hearing officer, who shall exercise discretion to direct relevant and non-duplicative cross-questions to the applicable witness . Cross examination of witnesses will be permitted only during that period immediately following each witness ' testimony. If a list of cross- questions is extensive or requires technical answers, the hearing officer may permit the witness to answer the questions in writing within 15 days, or such shorter time the hearing officer may set, thereafter with a copy of the answers provided to the person presenting the cross- questions and entered into the record of pleadings . G. Conduct of the public hearing shall be substantially as follows : 1 . Call to order. 2 . Introduction of the hearing officer. r 12 Pik 3 . Recognition of the Applicant and identification of the Application by the hearing officer, which is already deemed to be admitted as evidence for the public hearing. 4 . Consideration and admission of evidence from the Applicant by the hearing officer of fees, notices, and date of filing of the Application. 5 . Consideration and admission of evidence from the City, the Consultants, any City Departments and any other parties by the hearing officer of any reports, exhibits, maps, or documents timely submitted to the City Clerk pursuant to this Ordinance . 6 . The Applicant, the City, and other parties represented by counsel may make an opening statement . 7 . The Applicant shall first present any testimony and/or any witnesses the Applicant may wish to call . Upon the close of the Applicant ' s evidence, the City and other parties may offer expert witnesses and other testimony or evidence they may wish to present . Members of the public properly of record may then present oral comment . The hearing officer shall decide the order of presentation of testimony subject to this Ordinance . All witnesses shall testify under oath. Testimony may include the use of exhibits . All witnesses shall be subject to reasonable questioning as follows : direct, cross examination, redirect, and recross. After all parties have presented testimony, reasonable rebuttal and surrebuttal may be allowed at the discretion of the hearing officer. 8 . After conclusion of the presentation of all testimony, summary statements may be made by the Applicant, the City, and any other person properly a party to the public hearing, subject to any reasonable limitations as imposed by the hearing officer. After the summary statements, the Applicant may make a rebuttal statement , subject to reasonable limitations as imposed by the hearing officer. 9 . At the close of the hearing, the hearing officer shall make any findings or determinations concerning the credibility of any witnesses and the admissibility of any evidence . The hearing officer shall establish a schedule for filing any proposed findings of fact with the City Clerk by any person properly a party to the public hearing, and any objections thereto. eft 10 . Hearing closed. 13 �/�► H. Should any issues, facts, data, or other evidence arise during the course of the public hearing, which were not apparent or reasonably foreseeable by a party, upon request of any party in the public hearing and at the discretion of the hearing officer the public hearing may be recessed for a period not to exceed five (5) working days . I . If, prior to making a final local siting decision, the City has negotiated and entered into a host agreement with the Applicant, the terms and conditions of the host agreement, whether oral or written, shall be disclosed and made a part of the hearing record for that local siting proceeding. In the case of an oral agreement, the disclosure shall be made in the form of a written summary jointly prepared and submitted by the City and the Applicant and shall describe the terms and conditions of the oral agreement . 9 . 33 . 080 PUBLIC COMMENT: A. The City Clerk shall receive written comment from any person concerning compliance with, and whether the proposed Pollution Control Facility satisfies the criteria in, Section 9 . 33 . 100 . Any written comment received by the City Clerk or postmarked not later than 30 days after the date of the last public hearing shall be made part of the record at the public hearing as hereinafter described and the City Council shall consider any such timely written comments in making its final determination concerning said request . If the 30th day after the date of the last public hearing falls on a day the City Clerk' s office is not open, all comments must be filed on the next day the City Clerk' s office is open for regularly scheduled business hours . Upon receipt, the City Clerk shall date stamp and shall file such written comment and the postmarked envelope, if any, in which comment is received as part of the record in the siting proceeding. All such comments shall be available for public inspection at the office of the City Clerk during regular business hours . A copy of such comments or any part thereof shall be available from the City Clerk upon payment of the Actual Cost of Reproduction. The City Clerk shall fill such requests within a reasonable time . B. All public comment, oral or written, which is timely submitted, shall be considered by the City Council . Public comments may not be entitled to the same weight as testimony that is provided under oath and subject to cross-examination; while public comment shall be considered, it may be entitled to lesser weight . r 14 elk 9 . 33 . 090 RECORD: A. The City Clerk shall be responsible for assembling and keeping the record of the public hearing. B . The record of the public hearing shall consist of the following : 1 . The Application, including proof of notice pursuant to 415 ILCS 5/39.2 (b) , which shall be admitted as an exhibit at public hearing. 2 . Proof of all notices required by this Ordinance and the Act . 3 . Written comments filed by the public and received by the City Clerk or postmarked within 30 days of the last day of the public hearing. 4 . All reports, studies, exhibits or documents received into evidence at the public hearing. 5 . The transcript of the public hearing. a. 6 . Proposed findings of fact and recommendations of the hearing officer and any person properly a party to the public hearing, and any objections thereto . 7 . The Ordinance containing the final decision of the City Council on the Application. C. The City Clerk shall be responsible for certifying all copies of the record of the public hearing as true and correct copies of the record maintained in the office of the City Clerk. 9 . 33 . 100 DECISION ON SITING APPLICATION: A. After the close of the public hearing and after the time for submittal of any public comment has expired, at its next regularly scheduled meeting the City Council shall consider the Application. The City Council shall first determine whether the Application is complete and includes all of the information and documents required to satisfy this Ordinance and the Act . If the City Council determines that the Application is complete, the City Council shall evaluate the Application for compliance with, and shall determine whether the proposed Pollution Control Facility satisfies the criteria in, Section 9 . 33 . 100 . enk 15 B. In making its decision on the Application, the City Council shall base its decision on the record and on whether the proposed Pollution Control Facility would be in compliance with, and whether the proposed Pollution Control Facility satisfies the following criteria : 1 . The proposed Pollution Control Facility is necessary to accommodate the waste needs of the area it is intended to serve; 2 . The proposed Pollution Control Facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; 3 . The proposed Pollution Control 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 . (a) For a proposed Pollution Control Facility other than a sanitary landfill or waste disposal site, the proposed Pollution Control Facility is located outside the boundary of the 100 year floodplain, or the site is flood-proofed; (b) For a proposed Pollution Control Facility that is a sanitary landfill or waste disposal site, the proposed Pollution Control Facility is located outside the boundary of the 100-year floodplain, or if the proposed Pollution Control Facility is a facility described in subsection (b) of Section 22 . 19a, the site is flood-proofed; 5 . The plan of operations for the proposed Pollution Control 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 proposed Pollution Control Facility are so designed as to minimize the impact on existing traffic flows; 7 . If the proposed Pollution Control Facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the proposed Pollution Control Facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; 16 8 . The proposed Pollution Control Facility is consistent with the Solid Waste Management Plan adopted by the county in which the proposed site is located; and 9 . If the proposed Pollution Control Facility will be located within a regulated recharge area, any and all applicable requirements specified by the IPCB for such area have been met . C. The City Council may consider as evidence the previous operating experience and past record of convictions or admissions of violations of the Applicant (and any subsidiary and parent corporation) in the field of solid waste management when considering criteria B (2) and B (5) above . D. Pursuant to Section 39 .2 (a) of the Act, local siting approval shall be granted only if the proposed Pollution Control Facility meets the criteria cited above . E. The City Council shall make a final written decision within 180 days from the date of filing of a complete Application, specifying the reasons for the decision, which reasons shall be in conformance with Section 39 . 2 (a) of the Act . The City Council may conditionally approve of any Application provided such conditions are not inconsistent with regulations promulgated by the IPCB. Any determination and any findings of fact by the City Council shall be supported by the record. F. No written determination by the City Council of an Application may be reconsidered by the City Council . 9 . 33 . 110 FEES AND COSTS : A. All expenses incurred by the City in conducting the review of the Application; conducting the public hearing; deciding the issues related to the Application; and responding to any appeal thereof by a person other than the Applicant shall be paid by the Applicant, including the costs of any Consultants or hearing officer retained by the City in connection with the Application who are not also employees of the City, costs of court reporting and transcripts for the public hearing, and witness fees . B. The City shall periodically submit a detailed accounting and summary of all expenditures and requests for reimbursement to the Applicant for payment within forty-five (45) days. If the Applicant fails to reimburse such expenditures within ten (10) days after written notice of such failure to the Applicant, the City may deem the Application withdrawn and of no further 17 force or effect, and the City may discontinue any further consideration of such Application. 9 . 33 . 120 WAIVER OF RULES : In order to insure fundamental fairness, compliance with the Act, and to protect the public interest, the City Council , by majority vote, may waive any of the requirements of this Ordinance, except that such waiver shall not be inconsistent or conflict with any provision of the Act or the regulations adopted thereunder. 9 . 33 . 130 SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance, as amended, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. Ed Mock, Mayor Presented: September 24 , 2003 Passed: September 24 , 2003 Vote : Yeas : 6 Nays : 0 Recorded: September 25, 2003 Published: September 26 , 2003 Attest : Dolonna Mecum, City Clerk 18