Impact Assessment Commission considers federal probe

Heather Wright/The Independent

York1 Environmental Services says it has ‘substantially begun” its operations at the former Dresden dump so the construction waste and recycling project shouldn’t be subject to a federal probe.

It’s one of the insights from the Municipality of Chatham-Kent’s submission to the Impact Assessment Agency of Canada. The IAAC is studying whether the project should undergo a federal impact assessment after the Canadian Environmental Law Association (CELA) filed a request in June.
York1 plans a construction waste and “regenerative recycling” facility at the site less than a kilometre from Dresden. It was used in the 1960s to landfill the town’s fly ash from its incinerator and in the 80s as a wood waste recycling facility.

York1’s plan expands the landfill which covered about two acres in the past to 20-acres and bring in up to 6,000 tonnes of waste a day.

Lambton and Chatham-Kent residents and politicians objected and asked the province to require the project to have a full Environmental Assessment. The Conservative government agreed in 2024. Then, in 2025, after winning its third majority government, the Ford government reversed the decision, allowing the company to use the Environmental Compliance Assessment system. It allows limited public input or consultation with Indigenous communities.

As the ink dried on the legislation reneging on the Ford government’s promise, CELA filed a request with the Impact Assessment Agency.

It, according the federal government can “review major projects to support sustainable development, protect the environment, and uphold the rights of Indigenous Peoples, with an emphasis on collaboration and meaningful participation.”

But, the impact assessment legislation states projects which have “substantially begun” cannot be designated for assessment.

York1 has claimed in its submission to the IAAC it has “substantially begun.”

The Independent asked York1 officials for the company’s submission to the IAAC. It was not provided.

However, Chatham-Kent reviewed York1’s proposal and submitted its own remarks to the federal body.
C-K’s submission says York1 is misleading the IAAC by “characterizing a handful of outdated and discontinued historical waste approvals granted decades ago for the subject site as evidence of a continuation of an existing approved landfilling and waste processing site.”

“In fact, the site has been essentially dormant since York1’s purchase of the subject lands several years ago. Since then, only minor physical changes have occurred at the site and none of the applications for technical and planning approvals which would be required to commence construction of the proposed project have been submitted by York1.”

The municipality says York1’s submission outlines three phases; first to operate under its existing provincial permissions to store waste and process construction and wood waste material. CK officials say those approvals are “inactive and out-of-date” and “no description of the intended site operations is provided.”

York1 then plans to operate a waste transfer station, under an amended waste plan approved by the ECA. Chatham-Kent noted the company said the residue wouldn’t be deposited at the site’s landfill at that time. The final phase would the operation of the recycling facility, landfilling the “residual waste.”

The municipality quotes the company’s submission saying the “York1 site has completed major physical activities including the construction of concrete pads, access roads, site grading, and the establishment of landfill and waste structure infrastructure prior to the current request,” as proof work has begun. The company also wrote “the site has undergone substantive landscaping alterations, including grading and clearing to support the effective use of the site for waste transfer and landfill processing.”

Chatham-Kent provided a drone photo of the site in early September. A new asphalt pad can be see as well as a small shed and storage containers.

“Those factual claims are untrue” Chatham-Kent’s submission says. “York1 has not begun to put in place any of the buildings, processes and infrastructure required for its proposed landfill, transfer station and waste processing operations; nor could it do so because York1 cannot proceed with the construction of any of these elements…without required provincial and municipal approvals.”

York1 has contended for some time the land will not need to be rezoned, as the municipality says.

“York1 is seeking to establish a major waste management facility in the municipality with two interrelated components: a large-scale waste processing, storage and transfer station and an associated 1.6 million cubic metre landfill proposal,” the municipality tells the IAAC. “York1’s attempt to describe this major waste facility as a continuation of the three small, unused waste fill areas and small-scale, inactive historic waste approvals is a gross mischaracterization of the proposed project. The proposed project is an entirely new project which has not yet commenced.”

York1 is also quoted as telling the IAAC “there are no significant impacts to federal jurisdiction on the environment or Indigenous rights that cannot be adequately considered and comprehensively addressed under the required provincial permit process under the amendments sought to the ECAs.”

The municipality and CELA contend those protections have “been stripped away” by the province’s Unleashing the Economy Act which “opened significant gaps” addressing environmental impacts and the affects on Indigenous communities.

“There are real threats to the municipality’s ability” to use the planning process anyway, C-K says, since York1 currently opposes the requirements…and may challenge” them. “A Minister’s zoning order could substantially limit or remove any municipal planning approval requirements.”

Chatham-Kent submitted its request for an Impact Assessment Oct. 15 and issued a news release. That prompted a statement from York1’s spokesperson Laryssa Waler. She reiterated the property is an existing landfill which the company is bringing to modern standards.

“Senior provincial officials have publicly stated on the record that this is not a new or closed landfill but an existing one—consistent with how the site has been regulated.”

She added the regulation of landfills is a provincial process.

The IAAC has until Nov. 20 to make a decision. If the assessment is approved, it could take up to 300 days to complete.