Heather Wright/The Independent

The Ministry of the Environment says Chatham-Kent will have some say on what happens to the Dresden dump.

York1 Environmental has plans to turn the derelict dump into a construction and soil waste recycling centre and rebuild the 20-acre landfill. Up to 700 trucks a day could be headed to Irish School Road site if the project moves ahead as the Mississauga company originally planned.

York1 tried to get provincial approval through the Environmental Compliance Approvals division. That would have provided little public input.

The project has been opposed in Dresden, Chatham-Kent and Lambton County. In 2024, the Ford government promised a full Environmental Assessment of York1’s plan. But in June, the government passed the Unleashing the Economy Act, which reneges on the promise, allowing York1 to go through the ECA process leaving residents and the municipality with little say in if or how the project develops.

But a letter from the director of the environmental permissions branch of the Ministry of Environment Conservation and Parks says the municipality gives hope of some control of the project.

Ryan Jaques, director of planning services in Chatham-Kent, wrote to the ministry saying CK has been locked in a disagreement with York1’s consultants over whether the lrish School Road property needs to be rezoned since 2022.

Jaques says waste processing, storage, transfer and landfilling are not permitted uses on the property and would require the company to rezone the property to move forward. York1 says it has already been used for those purposes, so it doesn’t need rezoning. Jaques asks asked the MECP to weigh in.

Bahar Aminvaziri, director of the environmental permissions branch, says the municipality is correct. York1 will need permission for the project from the MECP through the Environmental Compliance Approvals process and from Chatham-Kent for zoning.

“A Director’s decision on an ECA application under the Environmental Protection Act is a separate decision from zoning decisions made by municipalities under the Planning Act,” he writes. “Responsibility for Planning Act decisions, including any zoning amendments, rests with the municipality.”

Dave Taylor, director of CK’s legal services, says that’s a “good letter.

“From the province’s perspective, according to that letter, if York1 wants to expand that property use and change that property use, they have to come and ask council for approval through zoning, the Official Plan and other land use planning approvals.”

But, he says that could open up the municipality to other legal battles. “Of course, “That could be subject to appeals to the Ontario Lands Tribunal, but that’s a good step. That that matter will be back at council’s floor if they want to make changes, subject only to some sort of appeal or other challenge they might raise.”