Frequently Asked Questions
- Agricultural Uses (no structures)
- Asphalt and Concrete Batching
- Buildings and Structures related to above permitted uses
- Open Storage
- Pits and Quarries
- Processing of Extracted Materials from the Site
- Storage of Asphalt and Concrete for crushing (Special Zone Provision No. 365)
1. Will Bill 197 stop York1 from using site as landfill because of its proximity to Dresden?
The changes to the Environmental Protection Act that were included in this bill relate to new landfills. To date, it appears that York1 and Ministry staff have considered this property to have existing landfill approvals. Chatham-Kent does not necessarily agree, but as of right now it is not entirely clear whether these powers can be used to stop the proposals.
2. Is there a “veto” that the Municipality can use to stop the process?
There is no clear veto ability for Chatham-Kent. However, there are obligations for York1 to get a number of approvals from the Ministry of Environment, Conservation and Parks, and to get land use planning approvals from Chatham-Kent. Each of these will be assessed on the merits of the applications, so there are some real opportunities for Chatham-Kent and concerned citizens to raise objections to the proposals. All of these processes also have potential appeal mechanisms, which may need to be considered.
3. When did the Municipality of Chatham-Kent learn about York1’s plans for the Dresden site?
It is acknowledged that there were a couple of high-level discussions with York1 in 2022. It is important to note that the Municipality takes many calls and inquiries from potential investors and the first step is often to arrange an initial meeting to gather further information and to listen. Later in 2022, the Municipality asked York1 to provide further details on a couple of occasions regarding the overall scope and proposed uses for the property, an outline of the Provincial approval requirements and outline of their proposed public consultation process. None of these additional details were ever received in advance of receiving the initial Ministry notice on January 29 of this year. To date, there has not been what we refer to as a formal planning pre-consultation meeting and no planning applications have been filed with the Municipality, only applications with the Ministry.
4. Who is York1? Where are their other sites in Ontario?
According to their website, York1 provides environmental services to both public and private sectors, with a focus on non-hazardous solid waste management, soil remediation and beneficial reuse, and liquid waste solutions. It operates across Canada with a large presence in Southern Ontario. You can learn more about York1 at their website: www.york1.com
5. Where is the recycling material coming from?
The York1 proposal is for recyclables, demolition wastes, organic wastes, contaminated soils and asbestos waste originating from anywhere in the Province of Ontario.
6. What is the current active zoning permission on that land?
The current zoning for the site in Dresden is “Extractive Industrial – 365” or “M2-365”. The permitted uses of the M2-365 Zone included:
The site was zoned under the Township of Camden Zoning By-law prior to municipal amalgamation in 1998. The same permitted uses are permitted for the site in the prior Camden By-law and the current Chatham-Kent Zoning by-law that followed it.
While York1 has indicated that they believe this property enjoys “legal non-conforming use”, Chatham-Kent does not agree. It is Chatham-Kent’s expectation that York1 will apply for land use planning approvals, including submitting all necessary applications and supporting information.
7. Are the existing licenses expired?
Based on the information that Chatham-Kent has received to date, it appears that existing environmental compliance approvals are still active. However, Chatham-Kent’s initial assessment indicates that these historic approvals do not include the types of details and protections that would be excepted in modern environmental approvals.
Chatham-Kent will be raising concerns about the use of these historic approvals as part of this proposal when providing comments to the Ministry of the Environmental, Conservation and Parks.
8. Is the landfill currently dormant?
Information received and gathered by Chatham-Kent to date suggests that the existing landfill locations on this site are historic in nature, and have not been used as active landfills for many years.
9. Where do we go to add our comments to the proposed projects? What is the deadline to add comments for the proposed project?
There are two open comment periods on the Ontario Environmental Registry website. The first is for the recycling proposal, and closes on March 16, 2024. The second is for the landfill proposal and closes on April 11, 2024. Those can be found at:
10. What are the Municipality’s next steps?
Chatham-Kent has retained third party consultants to work with Municipal staff with the intention of submitting comments to the Ministry addressing municipal and community concerns with these proposals.
11. Who has ultimate control in deciding if York1’s amendments to the licenses are accepted?
The decision on whether to approve the proposals lies with the Ministry of the Environment, Conservation and Parks. The decision on whether to approve land use approvals to change the use of this property lies with Municipal Council.
All these decisions have some potential appeal rights to tribunals/courts.