By: Pam Wright, Local Journalism Initiative Reporter, Chatham Voice
When York1 Environmental Waste Solutions Ltd. meets the Municipality of Chatham-Kent in Superior Court Sept. 21, zoning will be the only topic on the table.
That’s according to C-K administrators who spoke to the matter at council recently. Following the update, council approved up to $250,000 in funding for legal- and expert-related costs connected to the ongoing fight that’s crested the two-year mark
In response to questions from North Kent Coun. Jamie McGrail, council learned about next steps in the “Defend Dresden” battle against York1’s plan to expand the Irish School Road site’s existing landfill and build a regenerative recycling facility north of the community. Impacts from heavy truck traffic, water pollution and the landfill’s close proximity to Dresden schools and the downtown are among the concerns that have been expressed by opponents.
In the civil matter served on Chatham-Kent last November, York1 contended it is exempt from Planning Act regulations the municipality said are necessary for the project to proceed. The company maintained that the project can proceed under the existing landfill application that is some 40 years old.
York1’s position is that it doesn’t need additional approvals because of prior work that occurred at the site.
As for timing of the hearing, council heard from C-K legal services director Emily Crawford it will likely take one day and will probably be done virtually.
Crawford said a decision is unlikely to be given on the actual date, stating a judgment will probably come later.
“Typically, on a court application of this nature in Superior Court, the judge will do what’s called ‘reserve,’ meaning the judge will take some time to consider the arguments of the parties and then issue a written decision to the parties after the fact,” Crawford told council.
Where the hearing will be held is still up in the air, she added, noting it’s a good possibility it will be virtual.
“Almost all civil matters are heard virtually right now,” the lawyer explained, adding the public will be able to access the hearing online.
In her comments, McGrail told council she wanted the public to be aware of what the municipality is facing in September and what stakeholders should prepare for.
“I want to start by saying thank you to council and to our neighbours and residents that have supported Dresden so far, and hopefully through this agenda item, we will continue to support next steps and the fight,” McGrail said. “You know this is a very unique situation that we’re in these days and to us as Chatham-Kent, very unprecedented.”
Last June the province passed Bill 5, which allows the government to declare “special economic zones” to protect Ontario in the wake of the U.S.-led trade war. The legislation singled out the York1 site and removed a government-mandated environmental assessment from the project, stating its development is necessary to “protect Ontario.”
A public meeting on the issue is also on the agenda, but details haven’t been finalized.
Deputy CAO Dave Taylor said Chatham-Kent still hasn’t gotten through all of the legal materials it has been served with by York1 and that needs to be completed prior to a public meeting.
“We have asked York1 for more information about what they’re actually proposing, to actually give us the details, but they still have not provided that to us,” Taylor said.
CAO Michael Duben pointed out that the September hearing will only be addressing the zoning issue and won’t touch on anything to do with an environmental assessment.
“What the court is dealing with is a very narrow issue and so I know there’s a lot of folks in the community who will wonder why they’re not talking about some of those environmental assessment issues that would otherwise come up if you’re talking about approving the project,” Duben said.
“This case just deals with zoning on the property and whether the property has an existing lawful right to continue to use the property for their proposed landfilling and waste-collection purposes,” Crawford added.
In her comments, North Kent Coun. Rhonda Jubenville echoed McGrail, stressing the September hearing has nothing to do with Ontario’s Bill 5.
The public is also being reminded to contact Chatham-Kent at 311 if they believe York1 is carrying out work that’s outside the scope of what’s currently allowed. Bylaw enforcement officers will attend the site if necessary.
