BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
)
)
UNITED CITY OF YORKVILLE, CITY )
COUNCIL
)
)
Respondent.
)
PCB No. 07-146
(Pollution Control Facility Siting
Appeal)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on September 29,2008, Leo P. Dombrowski, one
ofthe attorneys for Respondent, United City ofYorkville, filed via electronic filing the
attached
United City of Yorkville's Response to Fox Moraine's Motion to Compel
Disclosure
of Roth Memorandum,
with the Clerk of the Illinois Pollution Control
Board, a copy
of which is herewith served upon you.
Respectfully submitted,
UNITED CITY OF YORKVILLE
By:
/s/ Leo P. Dombrowski
One
of their Attorneys
Anthony
G. Hopp
Thomas
1. Matyas
Leo P. Dombrowski
WILDMAN, HARROLD, ALLEN
&
DIXON LLP
225 West Wacker Drive, 30th Floor
Chicago, Illinois 60606
Phone: (312) 201-2000
Fax: (312) 201-2555
hopp@wildman.com
.matyas@wildman.com
dombrowski@wildman.com
Electronic Filing - Received, Clerk's Office, September 29, 2008
SERVICE LIST
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
George Mueller
Mueller Anderson, P.C.
609 Etna Road
Ottawa, Illinois 61350
george@muelleranderson.com
Charles Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
chelsten@hinshawlaw.com
Michael
S. Blazer
Jeep
&
Blazer, LLC
24 N. Hillside Avenue, Suite A
Hillside, IL 60162
mblazer@enviroatty.com
Eric
C. Weiss
Kendall County State'sAttorney
Kendall County Courthouse
807 John Street
Yorkville, Illinois 60560
eweis@co.kendall.il.us
James
J. Knippen, II
Walsh, Knippen, Knight
&
Pollock
2150 Manchester Road
Suite 200
Wheaton,IL 60187
jim@wkkplaw.com
heather@wkkplaw.com
James
B.
Harvey
McKeown, Fitzgerald, Zollner,
Buck, Hutchison
&
Ruttle
24255 Glenwood Avenue
Joliet, IL 60435
jim@mckeownlawfirrn.com
Electronic Filing - Received, Clerk's Office, September 29, 2008
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
)
UNITED CITY OF YORKVILLE, CITY )
COUNCIL
)
)
Respondent.
)
PCB No. 07-146
(Pollution Control Facility Siting
Appeal)
YORKVILLE'S RESPONSE TO FOX MORAINE'S
MOTION TO COMPEL DISCLOSURE OF ROTH MEMORANDUM
Before it rendered its decision on Fox Moraine's landfill application, Yorkville's City
Council asked its appointed city attorney, Michael Roth, for legal advice. Roth responded to the
request in a memorandum, which is clearly protected by the attorney-client privilege. At this late
hour, days before the hearing, and without citing
any authority in support of its position (because
there is none), Fox Moraine has moved to compel.production
of Roth's memorandum. Because
the memorandum is privileged, Fox Moraine's motion should be denied.
I.
BACKGROUND
Yorkville ordinance No. 2006-117 sets forth requirements for reviewing landfill
applications and provides a structure for the Council to review such applications. (C736-754,
attached as EXhibit A.) Pursuant to the ordinance, the City Administrator, with the Special
Counsel to the City, must coordinate the Council's review
of an application. (C744.) To conduct
the hearings, the ordinance requires that "[t]he Mayor shall appoint a Hearing Officer," who may
"make decisions concerning the admission
of evidence and the manner in which the hearing is
conducted." The Hearing Officer must be a licensed attorney and must, at the conclusion
of the
hearings, "submit draft written findings (of law or fact) to the City Council and file a copy of
Electronic Filing - Received, Clerk's Office, September 29, 2008
such findings with the City Clerk." (C747-49.) The City Administrator and the Special Counsel
may submit reports to the Council as well, but if they choose to do so, the reports must be
provided through the public hearing process. (C744.)
Pursuant to this ordinance and 415 ILCS 5/39.2, Yorkville held public hearings for over a
month
in
March and April 2007. The appointed Hearing Officer, Larry Clark, presided over the
hearings, and Yorkville Special Counsel, Derke Price, assisted the City Administrator through
the process. In May, a new Mayor and several new Council members were sworn in. Shortly
thereafter, Michael Roth was appointed as the new City Attorney, while Price and Clark kept
their respective positions as Hearing Officer and Special Counsel.
The City Council asked Roth for legal advice, and he produced a memorandum in
response to that request. Entirely separately, both Clark and Price submitted reports to the
Council.
Even though Fox Moraine has known of the Roth Memorandum for over a year, only
now does it seek to compel its production. Fox Moraine acknowledged in its Response to
Yorkville's Motion to Compel that it had received a copy of an invoice relating to Roth's legal
work for Yorkville in August 2007. That invoice references a "legal memo."l For tactical
reasons, Fox Moraine has waited until the very last minute to seek production of the Roth Memo.
For this reason alone, Fox Moraine's motion should be denied.
I
Because Yorkville inadvertently disclosed the privileged invoice to Fox Moraine, Yorkville intends to
appeal the order denying its Motion to Compel the return
of the invoice. Yorkville has also filed a motion
in limine arguing that the invoice is privileged and also irrelevant to these proceedings.
By referring to the
invoice in this response, Yorkville in no way intends to waive its objections to the production
of the
invoice
or its objections to the Hearing Officer's order related to it. The point here is that Fox Moraine
has had the invoice for over a year, and the invoice discloses the existence
ofthe Roth Memo.
-2-
Electronic Filing - Received, Clerk's Office, September 29, 2008
II.
FOX MORAINE'S MOTION SHOULD BE DENIED BECAUSE THE
ROTH MEMORANDUM IS A PRIVILEGED ATTORNEY-CLIENT
COMMUNICATION.
Fox Moraine asks the Hearing Officer to compel disclosure of a privileged attorney-client
communication from the City's attorney, Michael Roth, to the Council. Without citing any legal
authority to support its argument, because there is none, Fox Moraine instead labels Roth's legal
memorandum a "report" and "a supplemental filing," which it then attempts to group with the
reports authored by the City's Special Counsel and the Hearing Officer, which were filed as part
of the public record. Fox Moraine blithely assumes, then, that because those reports, which are
part
of the record, are not privileged, the legal memorandum Roth authored likewise must not be
privileged. That assumption is misplaced both factually and legally.
First, Petitioner's assumption does not comport with the facts. Unlike Roth, both Clark
and Price were assigned, by ordinance, a role in the application hearing proceedings. Clark, the
Hearing Officer, was required to submit a written report
of his findings to the Council prior to its
deliberations. He did so, and his report became part
of the record. Price, too, as the City's
Special Counsel, was required to submit any report he produced through the public hearing
process. Because he prepared a report, that report also became part
of the public record. Thus,
both Price and Clark prepared reports that were intended to, and did, become part
of the public
record.
The City Attorney, on the other hand, is not assigned any role in the landfill proceeding
by the ordinance and had no obligation to write or file any report as part
of the proceeding.
Roth's Memorandum therefore was not a third landfill "report" under the ordinance or otherwise.
It is solely a lawyer's confidential response to his client's request for legal
advice-a privileged
attorney-client communication.
-3-
Electronic Filing - Received, Clerk's Office, September 29, 2008
Fox Moraine's assumption also contravenes Illinois laws regarding privilege. In Illinois,
an attorney-client privilege arises when one seeks legal advice from a professional legal advisor
in his capacity as such; the communications relating to that purpose made in confidence by the
client are permanently protected from disclosure by him or the legal advisor.
E.g., People
v.
Murry,
305 Ill. App. 3d 311,.316 (2
nd
Dist. 1999). And not only are the client's communications
to the lawyer privileged, but the lawyer's response to the request for legal advice, too, is
protected.
Midwesco-Paschen Joint Venture for the Viking Projects
v.
IMD Indus., Inc.,
265 Ill.
App. 3d 654,660-62
(1st Dist. 1994);
In re Marriage ofGranger,
197 Ill. App. 3d 363, 374 (5
th
Dist. 1990);
see also
Ill. S. Ct.
R.
201(b)(2) (describing privileged matters as including
"communications between a party or his agent and the attorney for the party");
CNR Invs., Inc.
v.
Jefferson Trust
&
Sav. Bank,
115 Ill. App. 3d 1071, 1075 (3
rd
Dist. 1983) (noting that "attorney-
client privilege is restricted to confidential legal advice from a lawyer").
Finally, Fox Moraine also claims, again without citing any suppoI1, that, "Fox Moraine,
as a matter of fundamental fairness is entitled to know all of the materials considered by the city
council in making its decision." (Motion to Compel,
~
6.) Fox Moraine is wrong. The
Appellate Court and the Board have consistently held that fundamental fairness requires only
that the record be available to the decisionmaking body, and the landfill applicant is not entitled
to know what the decisionmakers considered or even
if they reviewed the record.
See, e.g., City
of Rockford
v.
County of Winnebago,
186 Ill. App. 3d 303, 313 (2
nd
Dist. 1989) ("the only
statutory requirement concerning the decision
of the county board is that its decision be in
writing and specify the reason for the decision. .
.. Whether the board members availed
themselves
of the opportunity to review the record is not an issue relevant to this case, as there is
no such requirement that they do so.");
Waste Mgmt.
v.
Pollution Control Bd.,
175 Ill. App. 3d
-4-
Electronic Filing - Received, Clerk's Office, September 29, 2008
1023, 1044 (2
nd
Dist. 1988) (where applicant contended that the county board did not have
adequate. time or opportunity to consider the record before its vote, Appellate Court held
"fundamental fairness in this context does not require the full county board to debate the hearing
committee's recommendation so long as the record is made available for review by the entire
county board.... [and] there is no requirement that the [county board] conduct any debate as
long as they have had an opportunity to review the record prior to voting.");
Rockford
v.
Winnebago County Bd.,
PCB No. 88-107, 1988 Ill. ENV LEXIS 128, at *10-11 (Nov. 17, 1988)
(forbidding applicant from questioning board members about how much preparation they did for
deliberation, because it is "not permissible for this Board to inquire into how the administrative
decisionmaker dealt with the record in deriving his or her final determination-so long as there
was a fair and adequate opportunity for Rockford to present testimony and evidence into that
record."),
affd County of Winnebago,
186 Ill. App. 3d 303 (2
nd
Dist. 1989);
Slates
v.
01.
Landfills, Inc.,
PCB No. 93-106, 1998 Ill. ENV LEXIS 956, at *40 (Sept. 23, 1993) ("[T]here is
no requirement that the local decisionmaker conduct any debate as long as they have had an
opportunity to review the record prior to voting. ").
Because Roth's memorandum was a confidential response to a request by his client, the
City Council, for legal advice, it is protected from disclosure, and. Fox Moraine's Motion to
Compel its production should be denied.
II.
CONCLUSION
Petitioner disingenuously characterizes a memorandum from Michael Roth, the City's
attorney, to the City itself as a "report" of the hearings regarding Fox Moraine's landfill
application. Roth's memorandum was not, however, a "report" of the proceedings, but was a
written and confidential response to the City's request for legal advice. Roth Wrote the
memorandum not as a participant in the landfill application proceedings, but as a legal advisor to
-5-
Electronic Filing - Received, Clerk's Office, September 29, 2008
the City. As such, it is protected by the attorney-client privilege, and the Council requests that
Petitioner'sMotion to Compel be denied.
Respectfully submitted,
UNITED CITY OF YORKVILLE, CITY
COUNCIL
By:
-'-I=s/--'L=e=o<--'P.....,.'-"=D=o=m=b=r=ow-'-'-=sk=i
One of Its Attorneys
Dated: September 29, 2008
Anthony G. Hopp
Thomas
1.
Matyas
Leo P. Dombrowski
WILDMAN, HARROLD, ALLEN
&
DIXON LLP
225 West Wacker Drive
Chicago, Illinois 60606
Telephone:
(312) 201-2000
Facsimile:
(312) 201-2555
hopp@wildman.com
matyas@wildman.com
dombrowski@wildman.com
-6-
Electronic Filing - Received, Clerk's Office, September 29, 2008
EXHIBIT A
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
STATE OF ILLINOIS
)
) ss
COUNTY OF KENDALL )
ORDINANCE No. 2006-
\\""1
ORDINANCE AMENDING AND RESTATING
CITY CODE TITLE 8 -- BUILDING,
CHAPTER 14 - POLLUTION CONTROL FACILITY SITING
Whereas the United City ofYorkville has taken up, discussed and considered
amending and restating the City Code, Title
8, Chapter 14, Pollution Control Facility
Siting, and
Whereas the Mayor and City Council have discussed that it may
be prudent to
amend and restate Title 8-- Building, Chapter 14 - Pollution Control Facility Siting, in its
entirety thereby restating Chapter 14 as depicted on the attached Exhibit "A".
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKViLLE, upon Motion duly made, seconded and approved by a
majority
of those so voting, that Title 8 -- Building, Chapter 14 -- Pollution Control
Facility Siting,
of the City Code of the United City of Yorkville is hereby amended by
deleting the current text of all of Chapter 14, and substituting in place of the fonner
Chapter 14, a new Chapter 14,
as depicted on the attached Exhibit "A".
All ordinances or parts
ofordinances conflicting with any ofthe provisions ofthis
Chapter shall
be and the same are hereby repealed.
~1-
C00736
Electronic Filing - Received, Clerk's Office, September 29, 2008
~ ~
, A.D.
2006.
dJL~
MAYOR
ORIGINAL
If any section, subsection, sentence, clause, phrase or portion ofthis Chapter is for any
reason held invalid
or unconstitutional by any court ofcompetent jurisdiction, such
portion shall
be deemed a separate, distinct, and independent provision, and such holding
shall not affect the validity ofthe remaining portions hereof.
This Chapter shall
be
in
effect from and after its passage, approval and publication in
pamphlet
fmm as provided by law.
JAMES BOCM..
,
"-
JOSEPH BESCO
-,,4~
__
~6
-6
VALERIE BURD
b~
PAUL JAMES
-"""'''-'-~_
o
(S
DEAN WOLFER
"1::>
MARTY MUNNS
lA~
ROSE SPEARS
-r
JASON LESLIE
~
Approved by me, as Mayor of the United City of Yorkville, Kendall
Co~,
TIlinois, this
cl.l,.".
Day of
Passed by the City Council ofthe United City ofYorkville, Kendall County,
Dlinois this
22k
day of
~~
• A.D. 2006.
ATTEST:
c::::::Yt).oCl~
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City ofYorkville
800
Game Farm Road
Yorkville,
lL 60560
-2-
C00737
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
EXHIBIT "A"
CHAPTER 14
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 hereafter provided:
ACT: "The Environmental Protection Act," 415 ILCS 5/1
et seq.
APPLICANT: Any person, partnership, firm, association, corporation, Municipal
corporation or unit oflocal 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 ofYorkville, County ofKendall, State oflllinois.
CITY CLERK: The United City
ofYorkville City Clerk.
CITY COUNCIL: The United City
ofYorkville 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.
Section 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 ofgeneral circulation.
-3-
C00738
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
C.
Such notice shall state the name and address of the Applicant, the location ofthe
proposed Facility, the nature and size
of the Facility, the nature ofthe activity proposed,
the probable life
of the proposed activity, the date when the request for site approval will
be submitted, and a description ofthe right of persons to conunent on such request as
hereafter provided (which
may be satisfied by enclosing a copy of this Ordinance).
Section 3. APPLICATION FOR SITING APPROVAL
A.
An original Application and a minimum of30 complete copies of the Application,
including all plans, exhibits, reports, maps and other submittals, shall be delivered to the
office
ofthe 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
ofthe 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'soffice. The Clerk shall deliver I
copy
to the Finance Director, 1 copy to the Director ofPublic Works, 1 copy to the City
Engineer, 1
copy to the Zoning Officer, 1 Copy to the ChiefofPolice; 1 copy to the City
Planner; 1 copy to
the Economic Development Committee Chairman; 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 ofthe 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
ofcopies, in the incorrect form, or without the sections and
fee described
in
this subsection, the Petition shall be rejected by the City Clerk.
B.
A copy
ofthe 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 ofthe City government. Another copy ofthe 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 ofthe public shall be allowed
to obtain a copy
ofthe Application or any part thereofupon payment of the actual costs
ofreproduction. All copying requests shall be fulfilled by the City Clerk within a
reasonable time and in conformance with the Freedom
of Infonnation Act
C.
Applications shall include the following:
1.
A written petition on standard 8
W'
x 11" paper setting forth or including the
following:
a.
The identification ofthe applicant, owner of the subject property and the
proposed operator
of the Facility.
If
the subject property is
C00739
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
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
ofgovernment. In the case ofan 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, submitthe names and addresses
of all members and managers and attach a certificate ofgood standing for
the LLC from the Secretary
ofState'soffice.
In
the case ofa corporation,
submit the names and addresses
of all officers and directors, and the
names and addresses
of all shareholders owning 10% or more
ofthe capital stock of the corporation; together with certified copies ofthe
articles
ofincorporation in the State of illinois or, if not incorporated in
the State
of illinois, its license to do business
in
the State ofTIlinois.
b.
The legal description ofthe proposed site ofthe Facility and a street
address or some other reasonable description
of where the Facility is to be
located.
c.
A description ofthe proposed Facility, its operation and the anticipated
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;
i.
Proof
ofnotice pursuant to Section 39.2(b) ofthe Act; and
j.
A prayer for siting approval.
2.
The request for a pennit made to the lllinois 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 ],000 feet ofthe subject property;
c.
All monitoring systems, including, but not limited to, ground water,
surface water, and air;
d.
Fences, buildings and other structures;
e.
Roads, entrances and driveways;
f.
Core sample locations on the subject property; and
g.
Location and purpose of any other drill-holes on the subject property.
h.
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.
1.
Whether any existing uses will be continued.
-5-
C00740
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
4.
A detailed topographic survey of the subject property and the surrounding
area-~
within 1,000 feet of the property line-indicating: topographical variations in 2 foot .
intervals; existing land uses; existing zoning; and,
if applicable, the boundary ofany
floodway or 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;
£
Fire control; and
g.
Corrective actions for spills and other operational accidents.
6.
A report
of projected traffic impact regarding the proposed site, including but not
limited to, the anticipated number of vehicles and their size, weight and direction of
mo-vement. This report should include gap study data and level of service analysis for all
intersections likely to
be impacted by the projected traffic.
7.
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 lllinois 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.
8,
A written commitment (by Host Agreement or otherwise) to obtain certificates of
insurance from companies baving a Best rating ofA 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.
9.
If
the site is a proposed hazardous waste facility, a copy ofthe Resource
Conservation and Recovery Act Contingency Plan.
10.
A statement describing the
past operating experience ofthe Applicant and, if
different. the Operator (and, for both, any subsidiary, member, manager, parent
corporation
or subsidiary of the parent corporation) in.the field ofsolid or hazardous
waste management.
11,
A statement citing the past record of actual or alleged violations oftbe applicant
(and any subsidiary, member, manager, parent corporation or subsidiary ofthe parent
corporation) with environmental laws and regulations governing solid
or hazardous
~6-
C00741
Electronic Filing - Received, Clerk's Office, September 29, 2008
ORIGINAL
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 ofthe activities or operations giving rise to the actual or alleged
violations and the ultimate outcome
ofthe matter, including whether any fines or
penalties were imposed.
12.
A description
ofthe following (if applicable):
a
Leachate collection system.
1. Type, location and construction ofthe subsurface collection system;
2. Written narrative describing methods and processes
of the collection,
management and treatment
of the leachate;
3. Program for monitoring effectiveness
ofthe collection, management
and treatment
of the leachate; and
4, Discharge points of effluent
b,
Final cover system, including proposed soil and/oT geomembrane
specifications
ifapplicable.
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 ofemployees.
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 ofsuch employees, and whether such employees would be
considered minimally necessary for the facility operation.
13.
The Application Fee for a request for siting approval is required and shall be
administered as follows:
a.
The Applicant shall deposit the sum of $100,000.00
in
the fonn of a certified or cashier'scheck, to cover the costs associated
with the siting process, including (but not limited to) court reporter costs,
transcript 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 ofthe application fee that remains
unexpended at the conclusion of the siting approval decision shall be
retwned to the applicant An accounting of expenses attributed to the
hearing process shall be provided monthly.
b.
In
the event that, at any time prior to the conclusion ofthe siting approval
process, the City has expended such sums as to reduce the balance ofthe
application fee to a figure less than $25,000.00, the Applicant will be
notified
in
writing. The Applicant would then have 14 days to deposit
with the City Clerk an additional $50,000.. 00 in the form of a certified or
cashier'scheck, unless the City Administrator determines, in hislher sole
discretion, that additional funds in excess
of$50,000.00 are necessary
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based upon the status of the siting process, in which case the Applicant
shall deposit that am01mt
In
no event shall any demand for additional
fees exceed $100,000.00
per each additional funding request Any portion
of the fees, including any additional fees, that remain unexpended at the
conclusion
ofthe siting approval decision shall be returned to the
Applicant.
14.
A table of contents shall be provided that readily identifies all sections and
subparts
oftbe application, including all accompanying appendices, exhibits. tables, and
illustrations. The pages, appendices, exhibits, tables, and illustrations shall be denoted in
logical sequence.
15.
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 read-only copies
of the Application may be provided on CD-ROM
format
to members ofthe public that request same.
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 ofdelivery, the Application shall be subject to
further review to assure compliance with the requirements
ofthis Ordinance concerning
the content
of the Application. Accordingly, every Application may be rejected within
the first 2I days following its delivery
ifit is determined by the office of the City
Administrator that the Application has omitted any
ofthe 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 ofthe Act The City Administrator shall,
therefore, deliver
to the Applicant within 21 days ofthe date of delivery a statement
advising the Applicant
of one of the following:
1.
The content ofthe Application is complete and therefore the delivery date
stamped upon the Application shall constitute the Date
ofFiling; 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 confinnation
ofthe completeness ofthe Application, the City Clerk shall
cause the publication ofa black border notice stating that said Application and supporting
evidence have been filed and are available in the City Clerk'soffice for public inspection.
The City Clerk shall cause such notice to be published no later than 30 days from the
Date ofFiIing.
F.
In
order to give members ofthe 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
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ORIGINAL
fully comply with all requirements ofthis Section ofthe Ordinance and failure to submit
the required infonnation
as ofthe Date of Filing shall. absent good cause shown in the
judgment
of the Hearing Officer. render such infonnation inadmissible at the public
hearing.
G.
At any time prior to the completion by the Applicant of the presentation ofthe
Applicant'sfactual 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 detennines.
in
hislher sole discretion.
that funds in excess
of the $25,000.00 are required due to the nature ofthe 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 shan
be extended for an additional period of 90 days.
H.
Other amendments may be made if, in the opinion ofthe Hearing Officer. any
such proposed amendment is nOIisubstantive and the Hearing Officer otherwise allows
such amendments.
Section 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 tlrrough the public hearing process. The City Administrator,
Special Counsel, the City Staffand the City'sconsultants 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
ofthe 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 ofthe actual costs ofreproduction.
Section 5. PARTICIPATION AND INFORMATION FROM OTHER PARTIES.
(a)
The Applicant is a Participant.
(b)
The City is a Participant. For purposes ofthe 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
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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 ofthe public.
(c)
Any person other than described
in
(a) and (b), above, must file a written "Notice
of Participation" on a fonn supplied by the City Clerk notifying the City Clerk and
counsel for the Applicant
ofthat person'sor entity'sintent to participate.
1.
Every Notice ofParticipation must be filed with the City Clerk before the
adjournment
ofthe first day of public hearing. In the case of counsel of record for
any Participant, said counselshall, on or before the 80
th
day from the Date of
Filing, serve a letter upon the City ClerIc and upon counsel for the Applicant
entering his or her appearance for the Participant.
2.
Every Notice ofParticipation shall provide the following infonnation: the
name, address daytime phone number and,
if available, facsimile number of the
Participant or counsel; whether the Participant will be participating on bislher
own behalf
or as a representative/spokesperson of another person or entity (and if
on behalf ofanother person or entity, identify the name ofthat 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
ofthe hearing
except for good cause shown. The Hearing Officer shall liberally interpret this
limitation
ifthe 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 represented
by counsel 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'sjudgment and consistent with fundamental fairness); or,
as is the case for members
ofthe public generally, submit written questions to the
Hearing Officer who,
in
hislher sole discretion, shall decide whether such questions shall
be posed and the manner ofposing such questions. Participants who are not represented
by counsel shall not cross-examine witnesses directly.
(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 iflicensed and in good
standing
to practice law
in
another State which is part of the United States, shall be
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ORIGINAL
allowed to serve as a counsel for a Participant upon motion made to and granted by the
Hearing Officer.
(t)
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 80
th
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 ofthe actual costs ofreproduction.
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
ofsuch evidence is
necessary to provide fundamental fairness to the parties.
Section 6. PUBLIC HEARING
A.
The Public Hearing shall be held no sooner than 90 days from the Date ofFiling
and shall not commence any later than 120 days from the Date ofFiling. 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 180
th
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 and publish the date(s), time(s) and lacation(s) for the
Public Hearing 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 ofthe date, time and location ofthe 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 ofFiling; 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 ofthe following:
A.
The name and address
of the Applicant;
B.
The owners ofthe site and, if OWDeISrup is
in
a land trust, the names of the
Beneficiaries
of said trust;
C.
The legal description of the site:
D.
The street address
ofthe Property and, if there is no street address for the
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ORIGINAL
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 ofthe proposed development;
F.
The nature
of the activity proposed;
G.
The probable life of the proposed activity;
H.
The Date ofFiling and the time and date of the public hearing;
I.
The location ofthe public hearing;
J.
A copy ofthis 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 80
th
day from the Date ofFiling.
2.
Certified mail to all members ofthe 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 ofKendall and all municipalities or townships within
I
and
Yz
miles ofthe 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 Bl above except for items Ie and Ij.
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
ofthe
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
ofthe Petition. The Hearing Officer shall have the
following powers or duties:
a.
Administer oaths and affinnations;
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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ORIGINAL
d.
Regulate the course ofthe 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
bearing.
e.
Require a witness or person presenting unsworn public comment to state
hislher 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
t
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.
b.
Rule upon objections and evidentiary questions, with the understanding
that such rulings
mustbe consistent with fundamental fairness, but need not be in
strict compliance with the lllinois Supreme Court, lllinois Code
of Civil
Procedure,
or any local rules of evidence governing a civil judicial trial in the
State
of DIinois.
i.
Allow the introduction oflate-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 ofthe Applicant's or
Participant'scase, 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 aU
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 ofthe Petition and the CounciPs decision on the
Petition. Given the Hearing Officer'srole
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
ofthe 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
ofthe public record, make a request to review or copy the
public record, or confer with the City Clerk regarding the scheduling
or location
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ORIGINAL
Df the public meeting Dr hearing, or arrangements for the notices of the pubic
meeting and hearing.
k.
At the conclusion ofthe public hearing and after consideration of all
timely-filed written comments, the Hearing Officer shall submit draft written
findings
(oflaw 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.
2.
Conduct ofthe public hearing shall be substantially as follows:
a
Call to order with determination of a quorum;
b.
Introduction
ofthe City Council Members who are present;
c.
Introduction of the Hearing Officer;
d.
Recognition of the Applicant and identification ofthe Petition;
e.
Recognition offees, notices, and date of filing ofthe Petition;
f.
Recognition oftbe 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 ofrecord as filed
pursuant to subsection (e), above;
i.
Applicant, Participants represented by Counsel, and Special Counsel for
the City 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 ofthe Applicant's
testimony, Participants represented by
cOWlSel 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
ofhis or her discretion, may then permit rebuttal testimony and sur-
rebuttal testimony.
k.
All witnesses shall testifY under oath and be subject to reasonable
questioning as follows: direct examination
by counsel; cross-examination by
counsel for other Participants or the City, the City Council and/or the Hearing
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ORIGINAL
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
(j)
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'sjudgment 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
ofthe 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
ofthe 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
ofthe City Clerk, and members ofthe public shall be
allowed to obtain a copy ofany 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 ofthe 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.
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ORIGINAL
e.
Any person has the right to provide oral, unsworn comment during the
course
ofthe 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
ofFiling and the date of the final decision of the City
Council (or the 180
th
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
oftime during the consideration ofthe Application they
may
be in attendance at such meetings (e.g. attendance at a municipality's council of
govemrnentsmeeting, 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.
Section 7. RECORDS KEPT
A.
The City Clerk shall be responsible for keeping the records ofsaid hearing. The
records shall consist
of the following:
1.
The Application and all amendments thereto;
2,
Proofs of the required notices;
3.
Notices
ofParticipation;
4.
Written comments filed by the public (either received by the
City Clerk'soffice
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 ofthe public hearing;
7.
Any motions filed during the public hearing;
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ORIGINAL
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'sproposed findings of fact and recommendations to the City
Council (including any conditions
of approval).
10.
The resolution containing the final decision ofthe City Council.
R
The City Clerk shall be responsible for certifying all copies of the record of the
public hearing,
Section 8. SITING APPROVAL DECISION
A.
On or before the 180
m
day following
the
Date of Filing, or on or before the 270
th
day following the Date ofFiling ifthe Applicant filed an amendment to the Application
in compliance with the timing requirements
ofthe 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 ofthe Act and
are not inconsistent with the regulations promulgated by
the
illinois Pollution Control
Board; or
3,
Deny the Petition.
R
In
making its recommendation on the request for siting approval, the City Council
shall base its decision on the following criteria:
1.
The facilityis necessary to accommodate the waste needs ofthe 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
ofthe IOO-year flood plain;
5,
The plan
of operations for the facility is designed to minimize the danger to the
sUIrounding area
frOin fire, spills or other operational accidents;
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ORIGINAL
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 ofan accidental release;
8.
Ifthe 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 ofthe Company) in the field ofsolid waste management when considering
criteria 2 and 5 of the Act and subsection B above.
D,
No determination by the City Council ofa siting approval request may be
reconsidered.
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 lllinois
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.
F.
Siting approval obtained pursuant to this Chapter is transferable
and may be
transferred to a subsequent owner or operator with the written approval ofthe 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'swritten approval ofthe transfer ofthe siting approval. Further. in
the event that siting approval obtained pursuant to this Chapter bas 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 9. ADMlNISTRATION OF FEES AND COSTS
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ORIGINAL
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 ofthe 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 oftbe 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.
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CERTIFICATE OF SERVICE
I, Susan Hardt, a non-attorney, certify that I caused a copy of the foregoing
Notice
of Filing and United City of Yorkville's Response to Fox Moraine's Motion to
Compel Disclosure
of Roth Memorandum
to be served upon the Hearing Officer and
all Counsel
of Record listed on the attached Service list by sending it via Electronic Mail
on September 29,2008.
lsi
Susan Hardt
[xl
Under penalties as provided by law pursuant to ILL. REV. STAT.
CHAP.
110 - SEC 1-109, I certify that the statements set forth
herein are true and correct.
Electronic Filing - Received, Clerk's Office, September 29, 2008
