Ordinance 2004-24 kevised: 4/29/04
UNITED CITY OF YORKVILLE
POLLUTION CONTROL FACILITY SITING ORDINANCE
Section 1. DEFINITIONS
Whenever the following terms are used in this Chapter, they shall have the meanings respectively
ascribed to them as hereinafter provided:
ACT: "The Environmental Protection Act," 415 Illinois Compiled Statutes 5/1 et seq.
APPLICANT: Any person, partnership, firm, association, corporation, Municipal corporation or
unit of local government, company or organization of any kind that files a request for siting
approval pursuant to this Chapter.
CITY: United City of Yorkville, Kendall County, Illinois.
CITY CLERK: The United City of Yorkville City Clerk.
CITY COUNCIL: The United City of Yorkville City Council.
FACILITY: A new pollution control facility as defined in the Act.
PETITION: The application filed by the applicant requesting siting approval for a facility.
In addition, all other words used in this Chapter and defined in the Act shall have the same
definitions and meanings as set forth in the Act.
Section 2 NOTICE OF REOUEST FOR SITING APPROVAL
A. No later than 14 days before the date on which the City Clerk receives a
request for siting approval, the applicant shall cause written notice of such
request to be served either in person or by registered mail, return receipt
requested, on the owners of all property within the subject area not solely
owned by the applicant, and on the owners of all property within 500 feet
in each direction of the lot line of the subject property, said owners being
such persons or entities which appear from the authentic tax records of
Kendall County; provided that the number of feet occupied by all public
roads, streets, alleys and other public ways shall be excluded in computing
the 500 feet requirement; provided further that in no event shall this
requirement exceed 750 feet, including public streets, alleys and other
public ways.
B. Such written notice shall also be served upon members of the Illinois
General Assembly from the legislative district in which the proposed facility
is located and shall be published in a newspaper of general circulation.
C. 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
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when the request for site approval will be submitted, and a description of
the right of persons to comment on such request as hereafter provided.
Section 3. APPLICATION FOR SITING APPROVAL
A. A minimum of twenty(20) complete copies of requests for siting approval,
including twenty(20) copies of all site plans, exhibits and maps, shall be
delivered to the office of the City Clerk. Upon receipt of any such request
for siting approval, the City Clerk shall date stamp same and immediately
deliver one(1) copy of the request for siting approval to the Mayor and
each City Council member, one (1) copy to the City Administrator, one (1)
copy to the Director of Public Works, one(1) copy to the City Engineer,
one(1) copy to the Zoning Officer, one(1) copy to the Chief of Police, one
(1) copy to the City Planner and one (1) copy to the office of the City
Attorney.
B. A copy of the request for siting approval shall be made available for public
inspection in the office of the City Clerk, and members of the public shall
be allowed to obtain a copy of the request for siting approval or any part
thereof upon payment of the actual cost of reproduction. All copying
requests shall be fulfilled by the City Clerk within a reasonable time from
the time of the request and otherwise in conformance with the Freedom of
Information Act.
C. Requests for siting approval shall include the following:
1. A written petition on eight and one-half inches by eleven inches (8 1/2" x
11") paper which sets forth:
a. The identification of the applicant and owner and, if the proposed
site is owned in a trust, the beneficiary(ies);
b. The legal description of the proposed site and a street address or
some other reasonable description of where the proposed site is
located;
C. A description of the proposed facility, its operation and the
expected longevity thereof,
d. The area to be served by the proposed facility and a statement of
the needs in such area for such a facility;
e. The expected types, amounts and methods of treatment or storage
of all wastes proposed for the site and the origins of these wastes;
f. The monitoring plans, including background analyses for ground
water, surface water and air;
g. The plans for closure of the site and continued monitoring
thereafter;
h. Reasons supporting approval of the request; and
i. A prayer for siting approval.
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2. The request for a permit made to the Illinois Environmental Protection
Agency, if any such request has been made.
3. A site plan showing details of the proposed facility including, but not
limited to:
a. Cross-sections;
b. All existing wells within five hundred feet (500') of the site;
C. All monitoring wells;
d. Fences, buildings and other structures;
e. Roads, entrances and driveways; and
f. Core sample locations on and within two hundred feet (200') of the
site.
4. A detailed topographic survey of the subject site and the surrounding area
within one thousand feet (1,000')which indicates land use, topographical
variations in two (2) foot intervals and, if applicable, the boundary of the
100-year flood plain.
5. A statement of the plan of operation for the proposed facility including, but
not limited to, the following:
a. Method of landfilling, incineration, composting, resource recovery
or other process;
b. Hours of operation;
C. Personnel and their training;
d. Litter, vector, dust and odor control;
e. Surface drainage and erosion control;
f. Fire control; and
g. Corrective actions for spills and other operational accidents.
6. A statement or report of traffic impact regarding the proposed site,
including, but not limited to, the anticipated number of vehicles and their
size, weight and direction of movement.
7. All studies, maps, reports, permits or exhibits which the applicant desires
the City to consider at the public hearing, including all documents
submitted to the Illinois Environmental Protection Agency pertaining to the
proposed facility.
8. Certificates of insurance, from companies having a Best rating of A VI or
better, verifying the insurance policies carried by the applicant to cover
accidents such as fires, explosions, nonsudden accidental occurrences and
pollution impairment.
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9. If the site is a proposed hazardous waste facility, a copy of the Resource
Conservation and Recovery Act Contingency Plan.
10. A statement describing the past operating experience of the applicant (and
any subsidiary, parent corporation or subsidiary of the parent corporation)
in the field of solid or hazardous waste management.
11. A statement citing the past record of actual or alleged violations of the
applicant (and any subsidiary, parent corporation or subsidiary of the
parent corporation)with environmental laws and regulations governing
solid or hazardous management operations or activities. Said statement
shall include, but not be limited to, a citation of the applicable statute or
ordinance violated or alleged to be violated and a brief written summary of
the activities or operations giving rise to the actual or alleged violations
and the ultimate outcome of the matter, including whether any fines or
penalties were imposed.
12. Proof of notice given by an applicant pursuant to section 5/39.2(b) of the
Act.
13. The application fee for a request for siting approval is as follows:
a. A one hundred thousand dollar($100,000.00) application fee in the
form of a certified or cashier's check to cover notice costs, court
reporter costs, transcription costs, City legal and consultant costs,
and other expenses incurred by the City in conducting the review of
the request for siting approval, the subsequent public hearing and
the siting approval decision; provided, however, that any portion of
the application fee that remains unexpended at the conclusion of the
siting approval decision shall be returned to the applicant.
b. In the event that, at any time prior to the conclusion of the siting
approval decision, the City has expended such sums as to reduce
the balance of the application fee to a figure less than twenty-five
thousand dollars($25,000.00), the applicant will be notified in
writing. The applicant would then have fourteen(14) days to
deposit with the City Clerk, an additional fifty thousand dollars
($50,000.00) in the form of a certified or cashier's check, unless the
City Administrator determines, in his sole discretion, that funds in
excess of the required amount are necessary based on the status of
the siting approval process. In no event shall any demand for
additional fees exceed one hundred thousand ($100,000.00) per
each additional funding request. Any portion of the fees, including
any additional fees that remain unexpended at the conclusion of the
siting approval decision, shall be returned to the applicant.
14. The pages of the application and all exhibits submitted to the City shall be
consecutively numbered.
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D. An application for siting approval may not be filed which is substantially
the same as a request which was disapproved pursuant to a finding against
an applicant under any of the criteria of subsection 9B of this Chapter
within the preceding two (2)years.
E. No application for siting approval shall be deemed to have been filed or
accepted for filing unless all of the requirements of this Chapter applicable
thereto shall have been met, and the City Clerk shall not give a receipt or
other indication of filing until such time as it is determined by the office of
the City Administrator that the application complies with the requirements
of this Chapter, specifically, subsection C of this Section. Within twenty
one (21) days after delivery of an application, the City Clerk shall advise
the applicant either:
1. That the application is complete and that it has been accepted for filing,
designating the date of filing; or
2. That the application is not complete, specifying wherein it is deficient.
The acceptance of the application by the City Clerk is a pro forma acceptance.
The applicant is solely responsible for providing sufficient technical information to
meet its burden of proving the criteria cited in section 5/39.2(a) of the Act, as may
be amended from time to time.
The City Clerk shall cause to have published no later than thirty(30) days after the
date of filing of the application a black border notice stating that such application
and supporting evidence are available in the City Clerk's office for public
inspection.
F. In order to give members of the public an opportunity to make informed
written comment pursuant to section 5/39.2(c) of the Act and to give
members of the public and departments of the City an opportunity to
prepare adequately and fairly for the public hearing hereinafter described,
the applicant must fully comply with all application requirements as set
forth in subsection C hereof. Failure to submit any required information
with the application shall render such required information inadmissible at
said public hearing.
G. At any time prior to the completion by the applicant of the presentation of
the applicant's factual evidence and an opportunity for cross-examination
by the City Council and any participants, the applicant may file not more
than one amended application upon payment of additional fees in the sum
of twenty-five thousand dollars($25,000.00)unless the City Administrator
determines, in his sole discretion, that funds in excess of the required
amount are necessary based on the substance of the amended application;
provided, however, that the time limitations for final action by the City
Council shall be extended for an additional period of ninety (90) days.
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H. Other amendments may be made if, in the opinion of the City Council, any
such proposed amendment is nonsubstantive and a majority of the City
Council allows such amendments.
Section 4. REVIEW OF APPLICATION
A. Upon receipt of a copy of a request for siting approval, the City
Administrator shall notify the following of such receipt:
1. Mayor;
2. City Attorney;
3. City Council;
4. City Planner;
5. Economic Development Committee Chairman;
6. Plan Commission;
7. Finance Director;
8. City Engineer;
9. Building&Zoning Department; and
10. All relevant City consultants and Department Heads.
B. The office of the City Administrator shall be the Department responsible
for coordinating review of the request for siting approval by those
mentioned above and is authorized to call meetings and set deadlines for
the submittal of reports and recommendations.
C. Those mentioned above are authorized to prepare and submit reports and
recommendations in response to the request for siting approval.
Preliminary or other reports, studies, exhibits and any written comments
concerning the appropriateness of the proposed siting request that the City
departments and consultants desire to submit for the record at the public
hearing shall be filed with the City Clerk no later than ten(10) days in
advance of the date set for public hearing. In the event that the tenth day
prior to the date set for public hearing falls on a Saturday, Sunday or
holiday, the next working day shall be considered the day that such
information shall be filed. Copies of such information shall be available for
public inspection in the office of the City Clerk. Members of the public
shall be allowed to obtain copies of such information upon payment of the
actual costs of reproduction.
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D. Those mentioned above may attend the public hearing and may ask such
questions as needed to assist in reaching their recommendations.
E. The City departments and consultants retained by the City are authorized
to present testimony at the public hearing as hereinafter described.
Section 5. INFORMATION FROM OTHER PARTIES
All reports, studies, exhibits or other evidence or copies thereof, other than testimony, which any
person, other than the applicant, desires to submit for the record at the public hearing must be
filed with the City Clerk at least ten (10) days before the public hearing. In the event that the tenth
day prior to the date set for public hearing falls on a Saturday, Sunday or holiday, the next
working day shall be considered the day that such information must be filed. Copies of such
information shall be available for public inspection in the office of the City Clerk. Members of the
public shall be allowed to obtain copies of such information upon payment of the actual costs of
reproduction.
Section 6. PUBLIC HEARING
A. When Held:
1. No sooner than ninety (90) days but no later than one hundred twenty
(120) days from the date of filing of the request for siting approval with the
City Clerk, a public hearing shall be held by the City Council.
2. Within thirty(30) working days of the date a request for siting approval is
accepted for filing, the City Council shall determine the date, time and
location of said public hearing, but in any event, the public hearing must be
scheduled to commence no sooner than ninety(90) days but no later than
one hundred twenty(120) days from the date the request for siting
approval was accepted for filing by the City Clerk.
B. Notice of Hearing: The City Council shall notify the City Clerk of the date
upon which such hearing shall be held and shall request the City Clerk to
cause notice of such hearing to be made as follows:
1. Publish two (2) legal notices in a newspaper of general circulation
published in the County of the proposed facility. One such notice shall be
published no later than sixty (60) days from the date of filing of an
application, and one such notice shall be published no later than seventy
five (75) days from the date of filing of an application.
Such notices shall consist of the following:
a. The name and address of the applicant;
b. The owners 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 site;
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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;
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; and
j. A statement that all copies of evidence other than oral testimony to
be submitted at the public hearing must be filed with the City Clerk
at least ten (10) days before the public hearing.
2. Certified mail to all members of the Illinois General Assembly from the
district in which the proposed site is located.
3. Certified mail to the Illinois Environmental Protection Agency.
4. Certified mail to the County of Kendall and all municipalities or townships
within one and one-half(1 1/2) miles of the proposed facility.
5. Public hearing notice in a newspaper of general circulation published as a
display at least once during the week preceding the public hearing. Such
notice shall consist of all items described in subsection B 1 above except for
items 1 c and 1 j.
C. Hearing Procedures:
1. The Mayor shall appoint a Hearing Officer to preside over the public
hearing and the Hearing Officer shall make any decisions concerning the
admission of evidence and the manner in which the hearing is conducted,
subject to this Chapter. 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.
2. The applicant for siting approval shall have the burden of going forward
with evidence of the suitability of the site location for the proposed use.
3. Any person appearing at such public hearing shall have the right to give
testimony and comment on the suitability of the site location for the
proposed use. Any person shall have the right to be represented by an
attorney at said public hearing. Such persons shall have the right of
reasonable cross-examination.
4. Conduct of the public hearing shall be as follows:
a. Call to order.
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b. Recognition of the applicant and identification of the request for
siting approval.
C. Recognition of fees, notices and dates of filing of the request for
siting approval.
d. Recognition of the City staff, legal counsel and consultants, and
other parties wishing to testify and any other reports, exhibits, maps
or documents of record as filed pursuant to this Chapter. All
parties, including members of the public, intending to testify or
cross-examine must sign in or submit written notification of said
intent to the City Clerk on or before the first day of the public
hearing. Should the public hearing extend beyond one day,
additional parties or members of the public, not of record as of the
first day of the public hearing, will not be allowed to present
testimony or cross-examine.
e. The applicant, the City and other parties may make an opening
statement.
f. The City Council shall then hear testimony and receive evidence
from the applicant and/or any witnesses the applicant may wish to
call. Upon the close of the applicant's testimony, other parties may
offer expert witnesses and evidence they may wish to present.
These other parties may or may not be represented by counsel.
Upon the close of the applicant's and other parties' testimony and
evidence, the City may present any witnesses and evidence it wishes
to present.
g. 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 sur-rebuttal may be allowed at the discretion of the
Hearing Officer.
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 from the request for siting approval as filed
with the City Clerk, such situation may constitute grounds for a
recess in the public hearing for a period not to exceed five(5)
working days.
i. Summary statements by applicant, other parties and the City,
subject to limitations as imposed by the Hearing Officer.
j. Rebuttal statement, if any, by the applicant, subject to limitations as
imposed by the Hearing Officer.
k. Hearing closed.
Section 7. PUBLIC COMMENT
A. The City Clerk shall receive written comment from any person concerning
the appropriateness of the proposed site. Upon receipt of any such written
comment, the City Clerk shall date stamp and shall file such written
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comment and the postmarked envelope in which such comment was
received.
B. Copies of such written comments shall be made available for public
inspection in the office of the City Clerk and members of the public shall be
allowed to obtain a copy of any written comment upon payment of the
actual cost of reproduction.
C. Any written comment received by the City Clerk or postmarked not later
than thirty (30) days after the close of the public hearing shall be made part
of the record of the public hearing as hereinafter described, and the City
Council shall consider any such timely written comments in making its final
determination concerning said siting request. In the event that the thirtieth
day falls on a Sunday or a Federal holiday, the next day on which mail is
delivered shall be considered the thirtieth day for purposes of this
subsection.
Section 8. RECORDS KEPT
A. The City Clerk shall be responsible for keeping the records of said hearing.
The record shall consist of the following:
1. The request for siting approval as described in subsection 3C hereof,
2. Proof of notice as described in subsection 6B hereof,
3. Written comments filed by the public and received by the City Clerk or
postmarked within thirty(30) days of the close of the hearing;
4. All reports, studies, exhibits or documents received into evidence at the
public hearing;
5. The transcript of the public hearing;
6. Findings of fact and recommendation of the City Council; and
7. The resolution containing the final decision of the City Council.
B. The City Clerk shall be responsible for certifying all copies of the record of
the public hearing.
Section 9. SITING APPROVAL DECISION
A. After the public hearing and any continuation thereof, the City Council
shall hold a public review meeting for purposes of establishing findings of
fact and a recommendation concerning the siting approval request. Any
findings of fact and recommendation shall be supported by the record. A
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written resolution thereof shall be presented to the City Council within one
hundred seventy (170) days from the City Clerk's acceptance of the filing
of the siting approval request.
B. In making its recommendation on the request for siting approval, the City
Council shall base its decision on 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 flood plain;
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. If the facility will be located within a regulated recharge area, any and all
applicable requirements specified by the Illinois Pollution Control Board
for such area have been met; and
9. If a solid waste management plan was previously adopted for Kendall
County prior to the filing of the petition, the facility is consistent with that
plan.
C. The City Council shall consider as evidence the previous operating
experience and past record of violations and penalties of the applicant (and
any subsidiary, parent corporation or subsidiary of the parent corporation)
in the field of solid waste management when considering criteria in
subsection B2 and B5 of this Section.
D. The City Council shall consider the record from the public hearing and shall
make a determination concerning a siting approval request within one
hundred eighty(180) days from the City Clerk's acceptance of the filing of
the siting approval request. The City Council may conditionally approve
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any request for siting approval; provided such conditions are not
inconsistent with regulations promulgated by the Illinois Pollution Control
Board.
E. No determination by the City Council of a siting approval request may be
reconsidered.
F. A local siting approval granted under this Chapter shall expire at the end of
two (2) calendar years from the date upon which it was granted, unless the
local siting approval granted under this Chapter is for a sanitary landfill
operation, in which case the approval shall expire at the end of three (3)
calendar years from the date upon which it was granted, and unless within
that period the applicant has made application to the Illinois Environmental
Protection Agency for a permit to develop the site. In the event that the
local siting decision has been appealed, such expiration period shall be
deemed to begin on the date upon which the appeal process is concluded.
G. Siting approval obtained pursuant to this Chapter is transferable and may
be transferred to a subsequent owner or operator with the written approval
of the City Council. In the event that siting approval has been transferred to
a subsequent owner or operator, that subsequent owner or operator
assumes and takes subject to any and all conditions imposed upon the prior
owner or operator by the City Council pursuant to this Section as well as
any modifications to these conditions as documented in connection with the
City Council's written approval of the transfer of the siting approval.
Further, in the event that siting approval obtained pursuant to this Chapter
has been transferred to a subsequent owner or operator, that subsequent
owner or operator assumes all rights and obligations and takes the facility
subject to any and all terms and conditions of any existing host agreement
between the prior owner or operator and the City.
Section 10. ADMINISTRATION OF FEES AND COSTS
A. Upon termination of any proceedings under this Chapter, a final accounting
and summary of all authorized expenditures and reimbursements shall be
presented to the City Council.
B. Any portion of an application fee not required for reimbursement to the
City for costs and expenses incurred by the City under this Chapter shall be
returned to the applicant. Should there be costs and/or expenses in excess
of the amount paid by the applicant in the application fee, the applicant
shall bear any and all additional costs.
C. In order to properly administer the application fee received with respect to
this Chapter, the Finance Director is hereby authorized and directed to
receive and hold such application fees for administration subject to the
review and approval of the City Council.
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D. In order to expedite payment of all bills incurred as a result of
administering this Chapter, all bills and questions concerning billing should
be directed to the Finance Director.
Section 11. REPEALER
All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be
and the same are hereby repealed.
Section 12. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Chapter 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 13. EFFECTIVE DATE
This Chapter shall be in effect from and after its passage, approval and publication in pamphlet
form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
2004.
WANDA OHARE JOSEPH BESCO
VALERIE BURD _ PAUL JAMES
LARRY KOT MARTY MUNNS y
ROSE SPEARS RICHARD STICKA
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• Y
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this IV day of �� _ A.D. 20CI-t .
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this
k—day of , A.D. 20 C>kA
ZN
Attest:
CIT CLERK
Prepared by:
John W. Watson, Esq.
Gardner Carton&Douglas LLP
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
CH02/22257552.2
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