Ordinance 2008-102 Ordinance No. W% -1 O a ,
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly
existing non home -rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City Council of the United City of Yorkville has determined that it is in
the best interests of the public health, safety and welfare of its residents to amend and restate the
City Code, Title 8, Chapter 14, Pollution Control Facility Siting.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 8, Chapter 14 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting said chapter in its' entirety and replacing with the following:
CHAPTER 14
POLLUTION CONTROL FACILITY SITING
8 -14 -1: DEFINITIONS: Whenever the following terms are used in this Chapter, they shall
have the meanings respectively ascribed to them hereafter provided:
ACT: "The Environmental Protection Act," 415 ILCS 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 of a pollution control facility
pursuant to the Act and this Ordinance.
CITY: The United City of Yorkville, County of Kendall, State of Illinois.
CITY CLERK: The United City of Yorkville City Clerk.
CITY COUNCIL: The United City of Yorkville City Council.
FACILITY: A 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.
8 -14 -2: NOTICE OF REQUEST 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 in mail, return receipt requested, on owners of all property within the subject area
that is not solely owned by the Applicant and on the owners of all property within 250 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 250 feet requirement; provided further that in no event shall this requirement exceed 400 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 Facility, the nature and size of the Facility, the nature of the activity proposed, the
probable life of the proposed activity, the date 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 (which may be satisfied by enclosing a copy of this Ordinance).
8 -14 -3: APPLICATION FOR SITING APPROVAL:
A. An original Application and a minimum of 34 complete copies of the Application,
including all plans, exhibits, reports, maps and other submittals, shall be delivered to the office
of the City Clerk. Upon receipt of any such Application, the City Clerk shall date stamp, retain
and preserve the original Application as the start of the public record on this matter. The Clerk
shall also date stamp the copies of the Application and immediately deliver 1 copy of the
Application to the Mayor and each City Council Member. The Clerk shall deliver 2 copies to the
City Administrator's office. The Clerk shall deliver 1 copy to the Community Relations Officer,
1 copy to the Finance Director, 1 copy to the Director of Public Works, 1 copy to the City
Engineer, 1 copy to the Zoning Officer, 1 Copy to the Chief of Police; 1 copy to the Director of
Community Development; 1 copy to the Chairman of the Plan Commission. The Clerk shall
deliver 12 copies to the City Attorney's office. The Clerk shall also forward a copy of the
Application to the Public Library for the Library to maintain as a non - circulating reference copy
available to the Public.
The date on the stamp of the City Clerk shall be considered the official filing date for all
purposes relating to the time of filing. Receipt and acceptance of a Petition by the City Clerk is
pro forma, and does not constitute an acknowledgment that the applicant has complied with the
Act or this Article. Should the Petition be presented to the City Clerk without the correct number
of copies, in the incorrect form, or without the sections and fee described in this subsection, the
Petition shall be rejected by the City Clerk.
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B. A copy of the Application shall be made available at City Hall for public inspection in the
office of the City Clerk or such other location as may be convenient to the operation of the City
government. Another copy of the Application shall be made available for purposes of fulfilling
copy requests submitted to the City. The Clerk may employ an outside copy service for this
purpose and said service may be furnished a copy of the Application for purposes of
reproduction. Members of the public shall be allowed to obtain a copy of the Application or any
part thereof upon payment of the actual costs of reproduction. All copying requests shall be
fulfilled by the City Clerk within a reasonable time and in conformance with the Freedom of
Information Act.
C. Applications shall include the following:
1. A written petition on standard 8.5" x 11" paper setting forth or including the following:
a. The identification of the applicant, owner of the subject property and the proposed
operator of the Facility. If the subject property is owned in a trust, then also
identify the beneficiary(ies) of the trust(s). Also indicate for each whether the
applicant, the landowner and the operator is an individual, partnership, limited
liability company, corporation or unit of government. In the case of an individual,
list his or her address. In the case of a partnership, submit the names of all
partners. In the case of a limited liability company, submit the names and
addresses of all members and managers and attach a certificate of good standing
for the LLC from the Secretary of State's office. In the case of a corporation,
submit the names and addresses of all officers and directors, and the names and
addresses of all shareholders owning 5% or more of the capital stock of the
corporation; together with certified copies of the articles of incorporation in the
State of Illinois or, if not incorporated in the State of Illinois, its license to do
business in the State of Illinois. If the applicant or operator is a limited
partnership having a corporation as its general partner and more than five (5)
percent of such corporation's capital stock is owned by another corporation, either
directly or derivatively, then the requirements of this section shall apply to such
corporation.
b. A list of any and all court actions or administrative proceedings of any kind in
which the applicant or operator (including all persons and entities identified in
Section 3 -C -1 -a hereof) is or has been a named party and the subject matter of
which was related to waste collection, hauling, or disposal. Such list shall
identify the court or agency, the number of the case, and a brief summary of the
facts and disposition of the case
C. If the site is not owned by the applicant, then documents granting to the applicant
the right to develop the site for the proposed use must be attached to the
application for site approval by the applicant.
d. The legal description of the proposed site of the Facility and a street address or
some other reasonable description of where the Facility is to be located.
e. A description of the proposed Facility, its operation and the anticipated longevity
thereof.
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f. The area to be served by the proposed Facility, and a statement of the needs in
such area for such a Facility, including a statement identifying the location of
each active Pollution Control Facility ( "PCF ") within the proposed service area
and within 50 miles of the perimeter of the proposed service area, providing the
following information:
i. If PCF is a landfill, dimensions of the PCF (including permitted vertical
airspace) that remains unfilled by waste, estimating life span of such
facility, owner and operator, and classification of permit.
ii. If PCF is a transfer station, permitted /allowed throughput capacity of the
PCF, in tons or tons per operating day, owner and operator, and
classification of permit.
g. The expected types, amounts and methods of treatment or storage of all wastes
proposed for the site and the origins of these wastes, and method of determining
the quantity and characteristics of waste delivered to the facility.
h. The monitoring plans, including background analyses for ground water, surface
water and air.
i. The plans for closure of the site and continued monitoring thereafter, including
proposed use(s) after operation (i.e., end -use plan) including changes in
topography and all new surface features, plans for how site controls and
engineered features will be compatible with end use plan(s), and satisfactory
evidence of financial assurance adequate to insure the implementation of the
closure plan and the performance of all applicable closure /post - closure
requirements.
j. Reasons supporting approval of the request;
k. Proof of notice pursuant to Section 39.2(b) of the Act; and
1. A prayer for siting approval.
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. Engineering cross - sections;
b. All existing wells within five (5) miles of the boundaries of the propose site and
such other wells as may be affected by the proposed use (to the extent such
information is available, the application shall also contain well construction
details and, if applicable, well closure information);
C. All monitoring systems, including, but not limited to, aquifers, ground water,
surface water, and air;
d. Fences, buildings, ponds, streams, aquifers, rivers, lakes, wooded lots, bedrock
outcrops, underground and overhead utilities, culverts, drainage ditches, drain
tiles, easements, areas previously mined or where soil has been disturbed from its
natural condition, the location and elevations of borings made under Section 3 -C -f
and other structures within the proposed site and within 1000 feet of the
boundaries of the proposed site and all other structures that may be affected by the
proposed site;
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e. Overlay of onsite wetlands and wetland mitigation plan;
f. Roads, entrances, driveways, bridges, and transportation structures on the site and
that may be affected by the proposed site, and traffic control plan on and in the
vicinity of the site;
g. A complete log of each boring made during the exploratory program, including
but not limited to:
i. Textural soil classification (USCS);
ii. Particle size distribution for representative samples;
iii. Coefficient of permeability based on field and laboratory determinations;
iv. Ion exchange capacity and ability to absorb and fix heavy metal ions
V. If bedrock is encountered, the depth of bedrock, physical character and
hydrogeologic characteristics of the bedrock formation and names and
ages of the formation encountered
h. Location and purpose of any other drill -holes on the subject property.
i. Any information to demonstrate that the proposed facility is so designed, located
and proposed to be operated in such a manner that the public health, safety and
welfare will be protected, in addition to that which has been provided already
pursuant to this article.
j. Whether any existing uses will be continued.
4. A detailed topographic survey of the subject property and the surrounding area within
1,000 feet of the property line, indicating:
a. topographical variations in 2 foot intervals;
b. existing land uses;
C. existing zoning;
d. vertical height (elevation -mean sea level (msl)) of site as it exists at the time of
the application and vertical height (elevation -msl) of the site as it is expected to
exist upon closure
e. the boundary of any floodway or flood plain
5. A complete hydrogeologic study of the site by a qualified hydrologist, including but not
limited to:
a. Studies completed by any federal or state agency
b. General description of the hydrogeologic conditions of the site and the
surrounding area, based on an exploratory program including soil borings
C. Detailed description of all known or suspected drinking water aquifers located
within five (5) miles of the site
6. 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 (i.e. landfill
gas) or other process;
b. Method of inspection and chemical analysis of waste;
C. Hours of operation, including waste placement and non -waste placement
operating hours;
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d. Personnel and their training;
e. Truck tarping and road maintenance program;
f. Litter, vector, vermin, dust and odor control;
g. Surface drainage and erosion control;
h. Fire control; and
i. Corrective actions for spills and other operational accidents.
7. A map of the county, prepared by an Illinois licensed professional engineer, showing the
roads which will be used to transport material to and from the site, and a traffic impact
study showing the present traffic flows on said roadways and the impact that the traffic
generated by the facility will have thereon. The traffic study shall be in accordance with
guidelines recommended by the Institute of Transportation Engineers regarding the
proposed site, and shall include, at a minimum, the following information:
a. The anticipated number of motor vehicles and the types and weights (loaded and
empty gross) thereof which will be entering and exiting the site, broken down by
each hour of the day. If the number of vehicles is expected or intended to be
greater or less on particular days of the week, identify those days, the numbers of
vehicles, and where it includes vehicles other than passenger automobiles, include
the hourly analysis for each day of the week.
b. Direction of flow of traffic, into, within and from, the proposed facility, and
provide a copy of any driveway permit, if applicable.
C. A statement of the speed limits and load limitations of any and all roads and
bridges that will be utilized by traffic entering and exiting the site;
d. Ascertainable accident history data compiled for roads and intersections within 2
miles of the site.
e. Detailed design plans for any roadway improvements, modifications proposed by
the applicant to mitigate traffic impacts, if applicable.
8. All site - specific 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. Background
reference material generally relied upon in the preparation of the application need not be
reproduced and included within the application in its entirety.
9. A written commitment (by Host Agreement or otherwise) to obtain certificates of
insurance from companies having a Best rating of A VI or better that shall, at such time
as the facility is permitted, cover accidents such as fires, explosions, nonsudden
accidental occurrences and pollution impairment.
10. Information on contingency and emergency plans, including but not limited to:
a. specific details for fire control
b. list of possible emergency situations which might occur at or near this facility
which might affect the operations of the facility, including but not limited to
explosion, fire, spills, power outages, tornadoes and vandalism.
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C. a summary of measures that the applicant will take to limit site access and other
appropriate site security measures to prevent acts of vandalism and terrorism.
11. If the site is a proposed hazardous waste facility, a copy of the Resource Conservation
and Recovery Act Contingency Plan.
12. A description of the previous operating history of the applicant and operator(and, for both
any subsidiary members manager, parent corporation or subsidiary of the parent
corporation) in the field of solid waste management and hazardous waste management
including all pollution control facilities as defined in the Act, and all operations relating
to the transport, transfer, storage or disposal of waste, owned or operated by the applicant
in the United States at any time during the fifteen (15) years prior to the filing of the
application, including but not limited to:
a. the name of each facility.
b. a description of the nature of each facility (i.e., sanitary landfill, hazardous waste
landfill, construction and demolition debris site, transfer station, recycling facility,
composting facility, etc.).
C. a description of the applicant's involvement in each facility (i.e.,investor, owner,
operator, co- operator, etc.).
d. an identification of the volume of waste deposited in, on or at each such facility or
processed by each such facility for each of the five (5) years preceding the filing
of the application.
e. a description of each court action or administrative proceeding initiated against
the applicant (including all persons and entities identified in Section 1.2 hereof)
related to each such facility, or complaint, notice of violation or citation received
by the applicant related to each such facility, along with an identification of the
court or administrative agency in which or by whom any such proceeding was
initiated, if any, and a description of the outcome or resolution of each such
complaint or proceeding.
f. A description of any closure or post - closure activities undertaken by any person at
each such facility within the five (5) years preceding the filing of the application.
13. If the applicant or operator (including all persons and entities identified in Section 3 -C -1-
a hereof) has previously closed any facility regulated by the United States Environmental
Protection Agency or the Illinois Environmental Protection Agency, the applicant shall
make available -a copy of all closure documents, including, but not limited to financial
assurance documents, related to such closure. The terms of this paragraph shall apply to
facilities which were owned or operated by a corporation, partnership or limited
partnership of which the applicant was the owner of more than five (5) percent of the
ownership interest of the corporation, partnership or limited partnership which owned or
operated the facility.
14. A description of the following (if applicable):
a. Leachate collection system.
1. Type, location and construction of the subsurface collection system;
2. Written narrative describing methods and processes of the collection,
management and treatment of the leachate;
3. Program for monitoring effectiveness of the collection, management and
treatment of the leachate; and
4. Discharge points of effluent
b. Final cover system, including proposed soil and /or geomembrane specifications if
applicable.
C. Facility construction quality assurance and quality control program;
d. Personnel requirements including number of full- and part-time employees, which
personnel positions and in what numbers are considered minimally necessary for
facility operation, and the training and supervision of employees. In addition,
identify whether the proposed facility intends -on utilizing any contract or
temporary employees and, if so, the positions those employees would fill, the
training requirements and supervision of such employees, and whether such
employees would be considered minimally necessary for the facility operation.
15. The Application Fee for a request for siting approval is required and shall be
administered as follows:
a. The Applicant shall deposit the sums in the amounts outlined in Section 3- C -15 -a-
i and in the form of a certified or cashier's check, to cover any costs associated
with the siting process or appeal process (including but not limited to remand
hearings), including but not limited to court reporter costs, transcript costs, City
legal and consultant costs, employee costs, and other expenses incurred by the
City; provided, however, that any portion of the application fee that remains
unexpended at the conclusion of the siting process (including all appeals) shall be
returned to the applicant. An accounting of expenses attributed to the hearing
process shall be provided monthly.
i. Landfill - $750,000 plus $250,000 for application amendment
Hazardous waste facility - $1,250,000 plus $500,000 for application
amendment
Transfer station - $500,000 plus $125,000 for application amendment
b. If the costs incurred by the City under Section 3- C -15 -a exceed, or are reasonably
estimated to exceed, the amount of the filing fee then remaining on deposit, the
City shall present a claim to the applicant for the excess, and for such additional
amount as is reasonably estimated to be needed to complete the siting process.
Payment of this excess is due within five (5) business days of the date the claim is
presented to the applicant. Any unpaid amount shall constitute a debt and the City
shall recover its costs and attorneys' fees if it is required to make a claim or
commence a suit against the applicant and to recover the unpaid fees.
16. A table of contents shall be provided that readily identifies all sections and subparts of
the application, including all accompanying appendices, exhibits, tables, and illustrations.
The pages, appendices, exhibits, tables, and illustrations shall be denoted in logical
sequence.
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17. All pages in the application shall be consecutively numbered, including blank pages.
18. The Applicant shall also provide a copy of the entire Application in electronic ".pdf
format on CD -ROM such that the Application may be uploaded to the City website and
that 150 read -only copies of the Application may be provided on CD -ROM format to
members of the public that request same.
19. Statement by an officer or partner of the applicant stating "I certify under penalty of law
that, based on information and belief formed after reasonable inquiry, the statements and
information and belief formed after reasonable inquiry, the statements and information
provided in the siting application are true, accurate, correct and complete."
D. An Application may not be filed that is substantially the same as an application that was
disapproved within the preceding two years pursuant to a finding under any of the criteria of
subsection 9B of this Ordinance.
E. Although date stamped at the time of delivery, the Application shall be subject to further
review to assure compliance with the requirements of this Ordinance concerning the content of
the Application. Accordingly, every Application may be rejected within the first 21 days
following its delivery if it is determined by the office of the City Administrator that the
Application has omitted any of the materials required by this Section of the Ordinance. This
review is for purposes of completeness only and not an evaluation of the information under the
criteria of the Act. The City Administrator shall, therefore, deliver to the Applicant within 21
days of the date of delivery a statement advising the Applicant of one of the following:
1. The content of the Application is complete and therefore the delivery date stamped upon
the Application shall constitute the Date of Filing; or
2. The Application is incomplete in the following specific ways and therefore the
Application has not been accepted for filing. The City Administrator shall specify the
deficiencies in the Application.
Following confirmation of the completeness of the Application, the City Clerk shall cause the
publication of a black border notice stating that said Application and supporting evidence have
been filed and are available in the City Clerk's office for public inspection. The City Clerk shall
cause such notice to be published no later than 30 days from the Date of Filing.
F. In order to give members of the public an opportunity to make informed written comment
and to give members of the public and the City an opportunity to prepare adequately and fairly
for the public hearing hereinafter described, the Applicant must fully comply with all
requirements of this Section of the Ordinance and failure to submit the required information as of
the Date of Filing shall, absent good cause shown in the judgment of the Hearing Officer, render
such information inadmissible at the public hearing.
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G. At any time prior to the completion by the Applicant of the presentation of the
Applicant's factual evidence and opportunity for cross - examination by the City Council and any
participants, the Applicant may file not more than one amended application containing
substantive amendments or revisions upon payment of additional fees in the sum of $25,000.00- -
unless the City Administrator determines, in his/her sole discretion, that funds in excess of the
$25,000.00 are required due to the nature of the changes of the amended application, in which
case that greater amount shall be the sum due. Upon the filing of an Amended Application, the
time limitations for final action by the City Council shall be extended for an additional period of
90 days.
H. Other amendments may be made if, in the opinion of the Hearing Officer, any such
proposed amendment is non - substantive and the Hearing Officer otherwise allows such
amendments.
I. Withdrawal of application may be made at any time by the applicant upon payment of all
costs incurred by the City accrued to date and written agreement not to file an application for any
operation within the municipal boundaries for two years by any person or entity with any interest
in the subject petition.
J. An Application may not be filed if any applicant or operator (including all persons and
entities identified in Section 3 -C -1 -a hereof) has any outstanding fees, costs, or expenses owed to
the City for any other application filed for a facility under this ordinance.
8 -14 -4: REVIEW OF APPLICATION:
A. The City Administrator, together with the assistance of Special Counsel to the City, shall
be responsible for coordinating the review of the Application by the City Staff and its consultants
and to render such reports, advice or recommendations to the Mayor and City Council as the City
Administrator shall deem prudent to assisting the Mayor and City Council in making their
decision. The City Administrator is authorized to call meetings and set deadlines for the
submittal of reports and recommendations in preparation for submission through the public
hearing process. The City Administrator, Special Counsel, the City Staff and the City's
consultants shall not discuss the Application or the review thereof with, nor submit reports or
recommendations to, the Mayor, City Councilor the City Attorney except in accordance with the
public hearing process set forth below.
B. Should the City Administrator desire to enter any reports, testimony or other evidence
into the record of the public hearing, such shall be entered in accordance with the procedures set
forth in this Ordinance and such shall also be available for copying by the public upon the
payment of the actual costs of reproduction.
8 -14 -5: PARTICIPATION AND INFORMATION FROM OTHER PARTIES:
A. The Applicant is a Participant.
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B. The City is a Participant. For purposes of the Act, the City and its employees and staff,
and any experts, consultants, investigators or attorneys hired by the City to review, investigate,
present at hearing, or otherwise work for the City concerning the Petition, all constitute one
Participant. To the extent the City employees and staff wish to participate in the public hearings
outside their roles or employment with the City, they must submit a Notice of Participation, as do
other members of the public.
C. Any person other than described in (a) and (b), above, must file a written "Notice of
Participation" on a form supplied by the City Clerk notifying the City Clerk and counsel for the
Applicant of that person's or entity's intent to participate.
1. Every Notice of Participation must be filed with the City Clerk before the adjournment of
the first day of public hearing. In the case of counsel of record for any Participant, said
counsel shall, on or before the 80th day from the Date of Filing, serve a letter upon the
City Clerk and upon counsel for the Applicant entering his or her appearance for the
Participant.
2. Every Notice of Participation shall provide the following information: the name, address
daytime phone number and, if available, facsimile number of the Participant or counsel;
whether the Participant will be participating on his/her own behalf or as a
representative /spokesperson of another person or entity (and if on behalf of another
person or entity, identify the name of that person or entity); whether the person (or the
entity or association he /she represents) will be represented by an attorney during the
public hearings: and whether the person intends on providing oral testimony or comment
during the public hearing. All members of the public who desire to present sworn
testimony, unsworn comment, or submit written questions to the Hearing Officer must
file a Notice of Participation.
3. No person may become a Participant after the first day of the hearing except for good
cause shown. The Hearing Officer shall liberally interpret this limitation if the additional
participation shall not delay the process or unfairly prejudice a prior Participant. No late
Participant shall be entitled to re -call a witness who has previously testified.
D. Participant rights. Participants have the right to present sworn testimony and witnesses.
Participants have the right to cross - examine or question witnesses who provide sworn testimony.
Participants who are not represented by counsel may provide witnesses, evidence and sworn
testimony subject to cross - examination by others; provide unsworn testimony or comment during
the public hearing (subject to the Hearing Officer's judgment and consistent with fundamental
fairness); or, as is the case for members of the public generally, submit written questions to the
Hearing Officer who, in his/her sole discretion, shall decide whether such questions shall be
posed and the manner of posing such questions.
E. Any attorneys acting as counsel and representing a Participant must be licensed and in
good standing to practice law in the State of Illinois, or if licensed and in good standing to
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practice law in another State which is part of the United States, shall be allowed to serve as a
counsel for a Participant upon motion made to and granted by the Hearing Officer.
F. All witnesses (other than those called purely for purposes of rebuttal) and the subject
matter on which they will testify shall be disclosed, and all reports, studies, exhibits or other
evidence, or copies thereof, that any person, other than the Applicant, desires to submit as
evidence for the record at the public hearing must be filed with the City Clerk and with counsel
for the Applicant no later than 80 days after the Date of Filing of the Application. In the event
that the 80th day after the Date of Filing falls on a Saturday, Sunday or legal holiday, the next
business day shall be considered the date by which all such information must be filed. Copies of
all such information shall also be available for copying by the public upon the payment of the
actual costs of reproduction. Evidence or witnesses not so disclosed by the required date shall be
admissible at the hearing only where the Hearing Officer shall find that the admission of such
evidence is necessary to provide fundamental fairness to the parties.
8 -14 -6: PUBLIC HEARING:
A. The Public Hearing shall be held no sooner than 90 days from the Date of Filing and shall
not commence any later than 120 days from the Date of Filing. The Public Hearing shall be at
such times and places as is convenient for the public generally but convenience of the public
shall be subservient to the requirement that the City render a decision prior to the 180th day from
the Date of Filing, and accounting for the 30 day period for written comment following the close
of the public hearing, and accounting for sufficient time for the corporate authorities to deliberate
and render a decision. The City Administrator shall determine the date(s), time(s) and location(s)
for the Public Hearing and cause the City Clerk publish the same as soon as is practical but in no
event later 30 days after the Date of Filing
B. Once determined by the City Administrator, the City Administrator shall notify the
Applicant of the date, time and location of the Public Hearing and shall request that the
Applicant cause notice of the Public Hearing to be made as follows:
1. Publish 2 legal notices in a newspaper of general circulation published in Kendall
County. The first such notice shall be published no sooner than 50 days from the Date of
Filing and no later than 60 days from the Date of Filing; the second such notice shall be
published no sooner than 65 days from the Date of Filing nor later than 75 days from the
Date of Filing. Said notices shall consist of the following:
a. The name and address of the Applicant;
b. The owners of the site and, if ownership is in a land trust, the names of the
Beneficiaries of said trust;
C. The legal description of the site:
d. The street address of the Property and, if there is no street address for 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
the residents of the neighborhood;
e. The nature and size of the proposed development;
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f. The nature of the activity proposed;
g. The probable life of the proposed activity;
h. The Date of Filing and the time and date of the public hearing;
i. The location of the public hearing;
j. A copy of this Ordinance and a statement that witness lists and copies of reports
and other evidence are to be filed with the City Clerk and counsel for the
Applicant no later than the 80th day from the Date of Filing.
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 1 and
one -half 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 B1 above except for items lc and Ij.
6. Certified mail to all other municipalities within five (5) miles of the City corporate
boundaries.
7. All other public notice requirements established in 39.2 of the Act, as from time to time
amended.
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 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 repetitions
testimony or other evidence. Rulings of the Hearing Officer shall be appealable to the
City Council but may be reversed only upon a vote of 3 /4ths of the corporate authorities
present. All testimony and all public meetings concerning the Petition shall be in the
presence of a certified court reporter who shall report all proceedings regarding
consideration of the Petition. The Hearing Officer shall have the following powers or
duties:
a. Administer oaths and affirmations;
b. Conduct a public meeting, prior to the start of the public hearings, to explain the
public hearing procedure and site location review process.
C. Arrange for the presence of a certified court reporter to attend and transcribe the
conduct of all public hearings for the public record.
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d. Regulate the course of the hearing, including, but not limited to, controlling the
order of proceedings, consistent with this Ordinance, and to grant recesses for
good cause shown. For example, good cause may be found when issues, facts,
data or other pieces of evidence arise in the course of the hearing that were not
reasonably foreseeable to the party requesting the recess. No recess may extend
past 5 days except due to the availability of a suitable forum for the hearing.
e. Require a witness or person presenting unsworn public comment to state his/her
position either for, against, or undecided with respect to the proposed facility.
f. Examine a witness and direct a witness to testify.
g. Establish reasonable limits on the duration of public hearing consistent with the
Act and this Ordinance, including but not limited to the reasonable limitation of
sworn testimony, unsworn oral comment, direct _and cross- examination of any
witnesses, and the limitation of repetitive or cumulative testimony and
questioning.
h. Rule upon objections and evidentiary questions, with the understanding that such
rulings must be consistent with fundamental fairness, but need not be in strict
compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or
any local rules of evidence governing a civil judicial trial in the State of Illinois.
i. Allow the introduction of late -filed evidence, be it written or testimonial, on
behalf of any Participant, provided good cause is shown for the late - filing, the
evidence is offered in and is relevant to the rebuttal portion of the Applicant's or
Participant's case, and evidence was filed with the City Clerk at least one day
before the public hearing at which it is offered, and fundamental fairness to all
parties will be preserved.
j. The Hearing Officer shall be an attorney, licensed to practice in Illinois. The
Hearing Officer shall confer with the City Council concerning the Petition,
between the Date of Filing of the Petition and the Council's decision on the
Petition. Given the Hearing Officer's role of communicating with the City
Council, the Hearing Officer may not confer with the Participants (members of
the public, Applicant and City included) concerning the Petition, unless such
conference takes place during the public hearing, is through correspondence
which is filed with the City Clerk (and, thus, available for everyone to view), or
concerns location, time or other similar scheduling aspects of the public meeting
or public hearing, or the notices for same. The only additional exception from this
restriction is that the Hearing Officer may confer with the City Clerk about the
upkeep or status of the public record, make a request to review or copy the public
record, or confer with the City Clerk regarding the scheduling or location of the
public meeting or hearing, or arrangements for the notices of the pubic meeting
and hearing.
k. At the conclusion of the public hearing and after consideration of all timely -filed
written comments, the Hearing Officer shall submit draft written findings (of law
or fact) to the City Council and file a copy of such findings with the City Clerk.
1. The Hearing Officer does not have the right or the power to vote, as a City
Council Member votes, on the Petition.
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2. Conduct of the public hearing shall be substantially as follows:
a. Call to order with determination of a quorum;
b. Introduction of the City Council Members who are present;
C. Introduction of the Hearing Officer;
d. Recognition of the Applicant and identification of the Petition;
e. Recognition of fees, notices, and date of filing of the Petition;
f. Recognition of the City staff and attorney present;
g. Recognition of all other Participants who have filed the Notice of Participation;
h. Recognition of all reports, exhibits, maps or documents of record as filed pursuant
to subsection (e), above;
i. Applicant, Participants represented by Counsel, and Special Counsel for the City
j may then make an opening statement.
j. The City Council shall then hear testimony from the Applicant and /or any
witnesses the Applicant may wish to call. Upon the close of the Applicant's
testimony, Participants represented by counsel may present sworn testimony,
including any witnesses and evidence they wish to present. Upon the close of all
such testimony, the City may present sworn testimony, including witnesses and
evidence it may wish to present. The Hearing Officer, in the exercise of his or her
discretion, may then permit rebuttal testimony and surrebuttal testimony.
k. All witnesses shall testify under oath and be subject to reasonable questioning as
follows: direct examination by counsel; cross - examination by other Participants
or the City, the City Council and /or the Hearing Officer (including the use of
written questions submitted by members of the Public to the Hearing Officer);
redirect examination; re -cross examination.
1. Following the testimony outlined in subparagraph 0) above, any Participant not
represented by counsel that wishes to provide sworn testimony subject to cross-
examination by others may proceed.
m. Following the testimony, if any, outlined in subparagraph (1) above, any
Participant that has not otherwise presented testimony may provide unsworn
testimony or comment, subject to the Hearing Officer's judgment and consistent
with fundamental fairness.
n. Closing statements, if any, by counsel for the Applicant, Participants represented
by counsel, and counsel for the City.
o. Rebuttal statement, if any, by the applicant, subject to limitations as imposed by
the Hearing Officer.
P. Hearing declared closed.
3. Public comment: written and oral:
a. Any person has the right to file written comment concerning the appropriateness of
the proposed facility, or its compliance with the requirements of Section 39.2 of the
Act, with the City Clerk, at any time after the filing of a Petition and within the time
limitation provided in subsection (d), below.
b. The City Clerk, on behalf of the City Council, 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 same, shall serve copies of the
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same on counsel for the Applicant and counsel for the City; and shall file written
comment and the postmarked envelope in which comment is received.
c. Copies of such written comments shall be made available for public inspection in the
offices of the City Clerk, and members of the public shall be allowed to obtain a copy
of any written comment upon payment of actual cost of reproduction.
d. Any written comment received by the City Clerk or postmarked not later than thirty
(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
Petition. 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.
e. Any person has the right to provide oral, unsworn comment during the course of the
public hearing, upon reasonable notice to the Hearing Officer that the person desires
to provide such comment. This type of comment, since it is not provided under oath,
is not subject to cross - examination.
4. Ex -Parte Communication Prohibited: In recognition of the quasi-judicial role of the
Mayor and each Member of the City Council, and the City Attorney, ex -parte
communications with persons other than the Mayor, Council Members or the City
Attorney concerning the Application are prohibited between the Date of Filing and the
date of the final decision of the City Council (or the 180th day after the Date of Filing).
Although the Mayor and Members of the City Council are encouraged not to attend
meetings at which the Mayor or Member knows the Application may be discussed, it is
inevitable that due to their regular legislative duties over the course of time during the
consideration of the Application they may be in attendance at such meetings (e.g.
attendance at a municipality's council of governments meeting, attendance at a local
chamber of commerce meeting). As such, the Mayor or Member is required to obtain and
file a transcript of any meeting, where such meeting has been transcribed or recorded, or
otherwise disclose such meeting in the public records (such as disclosing it on the record
during the transcribed public hearings or during the written comment period provided for
in this Article). The transcript shall not, however, be utilized by the City in reaching its
decision.
8 -14 -7: RECORDS KEPT:
A. The City Clerk shall be responsible for keeping the records of said hearing. The records
shall consist of the following:
1. The Application and all amendments thereto;
2. Proofs of the required notices;
3. Notices of Participation;
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4. Written comments filed by the public (either received by the City Clerk's office or
postmarked between the Date of Filing and 30 after the close of the hearing);
5. All reports, studies, exhibits, documents or statements received in evidence at the public
hearing;
6. The transcript of the public hearing;
7. Any motions filed during the public hearing;
8. All transcripts when available or disclosures of meetings other than the public hearings
held pursuant to this Article, at which the Mayor or a -City Council Member was in
attendance and the Application was discussed.
9. The Hearing Officer's proposed findings of fact and recommendations to the City Council
(including any conditions of approval).
10. The resolution containing the final decision of the City Council.
11. Although late filed public comments are not part of the public record pursuant to this
Article, they shall be retained by the City Clerk with any evidence of date of filing, such
as the City Clerk's date stamp copy of the written comment or the postmark, if the written
comment was mailed.
B. The City Clerk shall be responsible for certifying all copies of the record of the public
hearing.
8 -14 -8: SITING APPROVAL DECISION:
A. On or before the 180th day following the Date of Filing, or on or before the 270"' day
following the Date of Filing if the Applicant filed an amendment to the Application in
compliance with the timing requirements of the Act, the City Council shall, by written
resolution, upon the vote of a majority of its members, decide whether to:
1. Grant the Petition, without any conditions; or
2. Grant the Petition, but with conditions on such approval, provided such conditions are
reasonable and necessary to accomplish the purposes of Section 39.2 of the Act and are
not inconsistent with the regulations promulgated by the illinois Pollution Control Board;
or
3. Deny the Petition.
B. In making its recommendation on the request for siting approval, the City Council shall
base its decision on the following criteria:
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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 or proposed Operator (and any subsidiary,
parent corporation, subsidiary of the parent corporation, or manager or member of the Company)
in the field of solid waste management when considering criteria 2 and 5 of the Act and
subsection B above.
D. No determination by the City Council of a siting approval request may be reconsidered,
except to the extent it is reversed and remanded on appeal and the City Council is directed by the
Illinois Pollution Control Board or Illinois Appellate court to conduct all or part of the review
process again.
E. A local siting approval granted under this Chapter shall expire at the end of 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
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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.
F. 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.
G. In making its decision, the City Council shall consider the public record of the hearing
proceedings. The City Council shall give greater evidentiary weight to sworn testimony and
evidence presented during the public hearings than to un -sworn oral or written comment.
8 -14 -9: 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.
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 2. This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
a'S day of A.D. 2008.
1
ROBYN SUTCLIFF � JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH _
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS BOB ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this d J 5 day of 0 0VF—M 6F— p- , A.D. 2008.
Mayor
Attest:
erk
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