§ 21-43. Procedure for filing an application for approval of a pollution control facility.

(a)

(1)

To request siting approval for a new PCF within Aurora's jurisdiction, an applicant must file an application with the city clerk, with, unless otherwise authorized by the city council pursuant to subsection (2) below, a minimum of twenty-five (25) copies of the application and the substance of the applicant's proposal showing sufficient details describing the proposed facility to demonstrate compliance with the Act and board regulations, including all site plans, engineering including calculations, exhibits and maps, and all documents, if any, to be submitted to the IEPA as of the date of filing the application. At a minimum, the application shall comply with the rules and procedures. The form of said application may be obtained from the Aurora City Clerk.

(2)

A simple majority of the city council may, prior to receipt of a particular request for site location approval hereunder, reduce the number of copies of such request, or particular portions thereof, which must be submitted under subsection (1) above. Such reductions may be granted upon the written motion of a person who has, pursuant to Section 39.2(b) of the Act, filed a notice of intent to submit an application for location approval, which notice has also advised the recipients of the applicant's intention to move for a copies reduction under this section. Such reductions motion must be filed with the clerk at least five (5) calendar days prior to a regularly scheduled city council meeting. The moving party must submit a certified copy of the notice of intent, and demonstrate that: compliance with the copies requirement of subsection (1) above will be inordinately expensive, without commensurate benefit to the city and the public; and that the proposed copies reduction will not work any fundamental unfairness on the city or the public, in their ability to review, and prepare for the hearing on the location approval application. The city council shall act upon the motion expeditiously and may act upon the request for copies reduction at its first regular meeting after filing of the motion.

(3)

In addition to the foregoing, the applicant shall deposit with the city clerk at the time of filing the application for site approval of a new PCF a filing fee deposit in the form of a certified or cashier's check of two hundred fifty thousand dollars ($250,000.00), except that a filing fee deposit of five hundred thousand dollars ($500,000.00) is required if said proposed facility is designed as a hazardous waste disposal site or if the disposal or volume reduction of any waste will be by incineration or burning. If the applicant elects to file an amended application for site location approval for any PCF in accordance with this article, such filing shall be accompanied by payment of a supplemental fee of fifty thousand dollars ($50,000.00).

The applicable filing fee is intended to defray the reasonable and necessary costs of processing the application, including, but not limited to: costs of site inspection, clerical expenses, copying costs, space rental, hearing officer compensation, court reporter expenses, transcription costs, public notice expenses, staff review time, if any, city attorney and city consultants (such as qualified professional engineers, planners, appraisers, environmental counsel, etc.) (including tests, exhibits, and testimony, if any, provided by said consultants), and other relevant costs incident to the consideration of an application, the costs incident to preparing the record for appeal, and the cost of representing the city on appeal in case of an appeal of a city council decision (the "city costs"). Should the city incur any additional costs in access of the applicable filing fee deposit, the applicant shall bear any and all such additional costs and shall promptly pay over such additional amount to the city upon request or demand. If at any time the funds deposited by the applicant are reduced below fifty thousand dollars ($50,000.00), the applicant shall deposit an additional fifty thousand dollars ($50,000.00).

If there are funds remaining in the filing fee deposit after payment of the city costs, such amount shall be refunded to the applicant upon the final resolution of the application process (including appeals to the Illinois Pollution Control Board, appellate court, Illinois Supreme Court, federal courts, and administrative review in the courts, if any).

The application must be complete, with answers provided for each question on the application form. The application must contain consecutively numbered pages and it must be accompanied by all site plans, exhibits, maps and documents required by this article and by the rules and procedures. The date that the applicant files a complete application in proper form, together with the applicable filing fee deposit, with the city clerk shall be considered the official filing date for all time limit purposes. The application is not effective unless the application is in strict compliance with this article, the rules and procedures and with the Act. If upon review of the application within twenty-one (21) days of its submittal it is determined by the city to be incomplete and not in strict conformance with the aforesaid, the application is deemed not filed and the filing fee (less city costs and expenses) shall be returned to the applicant. Failure of the city to reject a request for site approval is not, and shall not be deemed, acceptance of the form or substance of the request, and the applicant remains solely responsible to demonstrate that the location approval criteria are all met. At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-questioning by the hearing officer, city representatives and any participants, the applicant may file not more than one amended application upon payment of additional fees pursuant to Section 39.2(k) of the Act and this subsection. Provided, however, that the time limitation for final action set forth in Section 39.2(e) of the Act and subsection 21-46(b) shall be extended for an additional period of ninety (90) days.

(4)

In the event a host agreement has been entered into between the city and the applicant, fees and costs will be paid in accordance with the host agreement in lieu of subsection (3) above. 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 written or oral, 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.

(b)

(1)

Upon receipt of a proper and complete application, and payment of the applicable filing fee deposit, the city clerk shall date stamp all the copies and immediately deliver one (1) copy to the chairman or county executive of the county board, one (1) copy to the county solid waste director, one (1) copy to each member of the Aurora City Council, one (1) copy to the clerk of each municipality entitled to notice of the public hearings pursuant to subsection 21-45(b), one (1) copy to the head of each City of Aurora Department or Office as follows: (1) city corporation counsel's office; (2) department of planning and zoning; (3) public works department; (4) street department; (5) department of engineering; (6) building department; (7) fire department; (8) police department; and three (3) copies to the hearing officer selected by the mayor and city council. The city's corporation counsel shall be responsible for coordinating review of the request for site approval by the aforementioned departments and is authorized to call interdepartment meetings for the purpose of defining those reports and studies that are desired and for setting deadlines for the submittal of reports and recommendations.

(2)

The corporation counsel for the city may retain consultants on behalf of the city to develop a record sufficient to form the basis of an appeal of the city council's decision. The consultants and the city departments shall then commence a study of the application. The applicant shall cooperate fully with the consultants and the technical staff of the city in their review of the application, including providing access to the site for study or testing, including but not limited to geophysical testing.

(c)

A copy of the application and all related documents or other materials on file with the city council shall be made available for public inspection in the office of the city clerk during normal business hours. Members of the public shall be allowed to obtain a copy of said application or any part thereof upon payment of the actual cost of reproduction as outlined in the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.)

(d)

It is the applicant's duty to comply with all notice requirements set forth in the Act. The applicant shall:

(1)

No later than fourteen (14) days prior to filing an application for site location approval with the city clerk, cause written notice of such application 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 two hundred fifty (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 the county in which the facility is to be located; provided, that the number of all feet occupied by public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty (250) feet requirement; provided further, that in no event shall this requirement exceed four hundred (400) feet, including public streets, alleys and other public ways.

(2)

The applicant shall serve such written notice upon each member of the general assembly from the legislative district in which the proposed facility is to be located, and this notice shall also be published in a newspaper of general circulation in the county in which the site is located.

(3)

The applicant shall state in such notice the name and address of the applicant, the location of the proposed site, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for site approval will be submitted to the city clerk, a description of the right of persons to comment on such request as hereafter provided, and any other information as may be required by the rules and procedures and the Act.

(4)

The applicant shall include in the application proof of compliance with all pre-filing notice requirements, including verified or certified copies of those pre-filing notices required by Section 39.2(b) of the Act.

(Ord. No. O04-91, § 1, 9-28-04)