Zoning
    Board R~EaCE IV
    ED
    CLERK’S
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    Gloria Helke
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    Chairperson
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    18 North County ~
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    Waukegan, !IIin~6Q~)85~4356
    Phone 847 360
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    Control
    Board
    Note: Copy of attachments, Lake County Unified
    Fax8473606734
    Development Ordinance and book of Zoning
    Emaii planning@coiake.il.us
    Maps are in the Clerk’s file.
    September 21, 2000
    Ms. Dorothy Gunn, Clerk
    .
    Illinois Pollution Control Board
    100 West Randolph St.
    11thfl~
    Chicago, IL 60601
    Re: In the Matter of: Natural Gas Fired Peak Load Electrical Power Generating Facilities
    (Peaker Plants) ROl- 10
    Dear Ms. Gunn:
    At the IPCB hearing on “peaker” plants recently held in DuPage County, I understand
    that Dr. Flemal asked for a copy of the Lake County Zoning Ordinance addressing these
    issues. It is enclosed.
    In Lake County, the peaker plants are permitted only in the limited industrial and
    intensive industrial zoning categories, and then only with a conditional use permit. The
    overall standards for approval of CUPs include (UDO page 3-23):
    “Conditional use permits may be approved only if the County Board finds that all of the
    following criteria are met:
    A. the use in
    its
    proposed location will be consistent with the stated purpose and intent
    of Sec. 1.5;
    B. the proposed use in its proposed location complies with all applicable standards of
    this Ordinance, including any applicable Use
    Standards of Sec. 6.2; and
    C. the proposed use in its
    proposed
    location will not have a substantial adverse impact
    on any of the following, either as they exist at the time of application or as they
    may be developed in the future due to implementation of the Comprehensive Plan:
    1. adjacent property,
    2. the character of the neighborhood,
    3.
    natural resources,
    4. infrastructure,
    5. public sites, or
    6. any other matters affecting the public health, safety, or general welfare.
    Additionally, separate conditions apply to permits for electrical generation plants, as
    follows (UDO page 6-13):
    “The following standards shall apply to all private electrical generation facilities with
    power generation potential of 30 megawatts or more:
    A. Petitioner shall submit a Site Plan prepared and certified by a registered surveyor
    licensed in the State of Illinois that complies with the site plan review submission
    requirements of this Ordinance.
    B. The facility’s operation area shall be located at least 1,000 feet from all parcel
    boundary lines that adjoin any zoning district other than Limited Industrial (LI)
    or Intensive Industrial (II). The term “operational area” shall mean all electrical
    generation equipment, cooling equipment, exhaust or venting equipment, and
    any structures housing such equipment.
    C. Fencing shall be provided around the boundary of the property to prevent
    unauthorized access.
    D. All current, state and federal permits, waivers of permits, licenses, and
    certificates of insurance shall be on file with the Lake County Department of
    Planning, Building and Development throughout the life of the conditional use.
    E. All equipment on the subject property shall operate in accordance with the
    Illinois Environmental Protection Agency’s Class ~C”nighttime noise regulations
    (Title 35, Subtitle H, Chapter 1 of the Illinois Administrative Code) throughout
    the
    life of the Conditional Use Permit, as measured at the boundaries of the
    nearest property zoned for residential purposes.
    F.
    The Conditional Use Permit shall establish reasonable standards to prevent
    contamination of water resources due to spillage or leakage of chemicals, fuels
    and other products that are stored on-site. The Conditional Use Permit process
    shall also consider the possibility of accidental explosion in establishing such
    standards.
    G. Any increase in the schedule, intensity or energy output of operations, as
    established under the original Conditional Use Permit, shall require an
    amendment to the Conditional Use Permit.
    H. If all operations at the facility cease fur a period of 24 consecutive months,
    removal of all equipment, structures, foundations, tanks, towers, and fences
    shall be completed within the next 12 calendar months; the site shall be
    returned to its previous landscape by that time. A bond or letter of credit in the
    amount of 150 of an independent engineer’s estimate of site clean-up
    (removal of structures, foundations, tanks, towers, and fences) shall be
    submitted to the Lake County Department of Planning, Building and
    Development prior to the issuance ofa Building Permit.
    *
    #
    I. AU electrical generation plants shall employ Best Available Control
    Technology, as specified by the Illinois Environmental Protection Agency.”
    The process for issuing Conditional Use Permits allows the County Board to
    attach other conditions to the permit (operating hours, lighting, etc.) at its
    discretion. Point D above is intended to require the company to present the
    IEPA air permit with the application to the County- for the CUP.
    Thank you for your interest in this matter. I’m available at your convenience for
    questions.
    Sincerely,
    Bob Mosteller
    Deputy Director
    c. Amy Jackson, Hearing officer
    IPCB
    600 S. Second St.
    Suite 402
    Springfield, IL
    Gloria Helke
    Sandy Cole
    Susan Zingle

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