§ 21-45. Hearings on applications.

(a)

At least one (1) public hearing shall be held by the hearing officer no sooner than ninety (90) days but no later than one hundred twenty (120) days from and after the receipt of the application for PCF site location approval. Any city council member may attend such hearings and a transcript shall be made and retained of all portions of the public hearing.

(b)

The applicant shall cause to be published in a newspaper of general circulation in the county of the proposed site and in a newspaper of general circulation in Aurora a notice of such public hearing not later than fourteen (14) days prior to said hearing.

The applicant shall also serve written notice of such hearing by certified mail, return receipt requested, on all members of the Illinois General Assembly from the district in which the proposed site is located, to the governing authority of every municipality contiguous to the proposed site or contiguous to the municipality in which the proposed site is to be located, to the county board of the county where the proposed site is to be located and to the IEPA. The applicant shall file with the city clerk copies of each notice with proof of service of such notice prior to the commencement of said public hearing.

(c)

The hearing officer shall notify the applicant in writing of the date and location of the public hearing at least twenty-one (21) days prior to such hearing.

(d)

Members or representatives of the governing authority of any municipality contiguous to the proposed site or contiguous to the municipality in which the proposed site is to be located and members or representatives of the county board of the county in which the proposed site is to be located may appear at and participate in the public hearings.

(e)

The public hearing shall develop a record sufficient to form the basis of appeal of the decision in accordance with Section 40.1 of the Act. During the course of the public hearing before the hearing officer, the hearing officer shall receive testimony from the applicant and witnesses whom the applicant may call in support of the application, any city witnesses, any objectors, and any other witnesses having relevant information, and shall recommend approval only if the proposed facility meets the following criteria (or such amended criteria as may be set forth from time to time in the Act).

(1)

That the facility is necessary to accommodate the waste needs of the area that it is intended to serve; and

(2)

That the facility is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and

(3)

That 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; and

(4)

a.

For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain, or that the site is flood-proofed;

b.

For a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year flood plain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a of the Illinois Environmental Protection Act (415 ILCS 5/22.19a), the site is flood-proofed.

(5)

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

(6)

That traffic patterns to or from the facility are so designed to minimize the impact on existing traffic flows; and

(7)

That 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; and

(8)

That if the facility is to be located in a county where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act, or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; and

(9)

That if the facility will be located within a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.

The hearing officer and the city council may also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation of the applicant) in the field of solid waste management when considering criteria (2) and (5). The applicant shall affirmatively present oral testimony fairly showing the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary or parent corporation of the applicant) in the field of solid waste management.

(f)

A transcript shall be kept of all proceedings before the hearing officer. The hearing officer shall preside at the public hearing and shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to this article and the rules and procedures. However, the hearing officer shall make all rulings and decisions in accordance with fundamental fairness. No ruling of the hearing officer concerning admissibility of evidence or procedural issues at the public hearing shall be appealable to the city council. Issues of jurisdiction shall be finally determined by the city council.

(g)

The applicant for site location approval shall have the burden of proof and the burden of going forward with evidence. The testimonial evidence introduced by the applicant may not exceed the scope of the application. Such oral testimony may only explain and clarify the application, not expand or amend the application.

(h)

All persons desiring to be participants in the hearing, including members of the public, must submit written notification of said intent to the city clerk before the first day of the public hearing or register with the hearing officer on the first day of the hearing. Any person so appearing at such public hearing shall have the right to present testimony and witnesses relating to the pending application. Any such person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at said public hearing to cross-examine any witness may be reasonably limited in time and duration by the hearing officer, to assure completion of the hearings in accordance with the deadlines of the Act. The hearing officer may propound questions to any witness or to the applicant to clarify the record established by the participants at the hearing or to bring out relevant information. The city shall be deemed a participant and a party to all proceedings and shall proceed last with its case and cross-examination.

(i)

The applicant and the city's counsel shall be allowed to cross-examine witnesses by right, subject to such reasonable limitation as may be set by the hearing officer. Cross-examination by the city shall not be limited to matters contained in the application. Parties represented by attorneys may be allowed to cross-examine in the discretion of the hearing officer. Other persons shall be allowed to submit questions to the hearing officer, who shall exercise discretion in the manner in which such questions are to be posed to witnesses. Sufficient examination of witnesses is to be allowed so as to provide for fundamental fairness.

(j)

All witnesses shall testify under oath. Testimony may include the use of prepared statements and exhibits. If testimony is by prepared statement, copies of such prepared statements shall be made available at the hearings (or, prior to the first hearing date, at the office of the city clerk) at least one (1) day in advance of such testimony being given. All witnesses shall be subject to reasonable examination as follows: direct, cross-examination, redirect, and recross.

(k)

The hearing officer may exercise discretion to allow public comment at each hearing or may set one (1) time for public comment.

(l)

The hearing officer shall, in the hearing officer's discretion and to the extent reasonably practicable, permit the city, the applicant and any party to file proposed findings of fact and conclusions of law. The hearing officer shall draft a proposed findings of fact and conclusions of law and submit them, and copies of such other proposed findings of fact and conclusions of law as may have been filed, to the city council.

(m)

The decision of the hearing officer on the application shall be in writing, specifying the reason(s) for the decision, in accordance with subsection (e) above. The hearing officer shall submit a report to the city council as soon as practicable, but in no event earlier than the end of the 30-day comment period.

(n)

The siting approval procedures and criteria provided for in the Act and in this article for new PCF's shall be the exclusive siting procedures and rules and approval procedures. Local zoning or other local land use requirement shall not be applicable to such siting decisions. However, to the extent provided by law, the applicant shall also comply with zoning and other requirements.

(Ord. No. O04-91, § 1, 9-28-04)