A litany of documents regarding the proposed Dresden landfill and waste transfer facility is now publicly available at the municipality's Let’s Talk Chatham-Kent Defend Dresden webpage.
The documents from both York1 Environmental Solutions and the Municipality of Chatham-Kent give the public a glimpse of what legal arguments are expected to be made during a court hearing on November 17 over the contentious proposal at 29831 Irish School Road in Dresden.
York1 provided the documents and they are now being reviewed by the municipality's external experts.
York1 agreed to the municipality posting the documents, but asked for a disclaimer because additional information and documents may be submitted during the Environmental Compliance Approval (ECA) process and the Ministry of Environment (MECP) may require changes to some of the submitted reports and documents.
The documents contain arguments from York1 planners disputing municipal claims that the current zoning for the site does not permit a landfill or a large-scale waste processing facility and zoning approvals are required.
They claim the former landfill was never officially decommissioned, closed, or capped and argue an application was never submitted to close the old landfill.
They also argue that the old ECA is still active and dispute municipal claims that former landfill use ceased in 1989.
"Once a landfill is approved and an ECA or in this case a Certificate of Approval (CofA) is obtained, there is a very prescribed process to remove the landfill designation from the property," said one planner in an affidavit filed in court. "The process has changed over the years, however closure of the landfill or removal of the waste has always been step one. Closure or capping of the landfill would be followed up with a letter documenting that capping was completed and requesting acknowledgement of the closure of the landfill. The various owners of the site did not notify the MECP of the closure of the site, nor did they receive an acknowledgement of that closure. If the prescribed closure process is not followed, the landfill is still an approved landfill with an active ECA (CofA). Once a landfill, always a landfill."
The York1 planners also claim the road leading to the Dresden regenerative recycling facility can accommodate truck volume, much like the road leading to the Ridge Landfill in Blenheim does.
They also dismiss or downplay many of the environmental concerns raised by Chatham-Kent residents, even tough they cited that environmental measures and monitoring have been improved as the proposal has moved along.
The municipality maintains that project approvals under the planning act are required for waste management uses, adding that the proposed waste facility is not grandfathered in (legal non-conforming) to older zoning rules allowing it to operate as it was before new zoning bylaws prohibited it.
"Neither the letter, nor any subsequent information, provided any information to demonstrate that the uses for which York1 is now seeking approval meet the required test for a legal non-conforming use: that they were legally established under the zoning by-law in place at the time they were commenced, and that they were, and are, continuing uninterrupted uses being carried out on the subject property," noted the Municipality of Chatham-Kent in its responding record.
The municipality noted land uses at the property are regulated by municipal zoning bylaws and since at least 1979, local zoning regulations have not listed a landfill or a waste processing facility as permitted uses at the site.
Municipal officials said the existing approval is for discontinued, small scale local landfilling activities in scattered areas on the property.
The municipality also noted the proposed waste facility poses significant risks and potential long-term consequences for the community, including impacts to surface and ground water, natural heritage features and functions, and a substantial increase in truck traffic.
Click here to access all of the posted documents.
