Company officials say they go through municipal zoning process; won’t apply for an MZO

Heather Wright/The Independent

York1 Environmental Services wants a “open, public process” as it works to reopen the Dresden dump.

Layrssa Waller, a spokesperson for York1, says the company has chosen to move its zoning fight out of the courts and into the land use planning process.

“(York1) intends to apply to the Municipality of Chatham-Kent for a zoning by-law amendment, so the proposal can be assessed on its planning merits through the normal public process.”

In February, the Mississauga company which is planning a construction waste and soil recycling facility and a renewed landfill at the former dump just one kilometre from the town limits, filed a civil suit. It said the dump was still an active landfill with the environmental approvals York1 needs to build the new facility.

York1 bought the land in 2022 and in 2024 announced it planned to bring in 7,000 tonnes of waste to be sorted each day. That would have required about 700 transports coming from London, Windsor and Sarnia each day.

The plan drew vocal criticism and public action in both Chatham-Kent and Lambton. The premier stepped in, promising a full Environmental Assessment on the project, then reneged on the promise after the 2025 election.

In August, the company sent letters to neighbours within 1.5 kilometres of the site, saying it was scaling back the project accepting a total of 4,000 tonnes per day.

But the legal battle to move the project ahead without having to go through new zoning applications at the municipal level continued. The municipal council vowed to oppose the project in 2024 after the public outcry.

Friday, Chatham-Kent officials said York1 had formally withdrawn its court application Sept. 24.

“The court case was not a final determination of whether York1 can proceed with its proposed landfill and waste processing project. The court case would have only dealt with whether local zoning requirements apply to York1’s proposed project,” said municipal officials in a news release.

“The municipality anticipates that York1 will now proceed through the usual municipal planning approval processes. If York1 submits a planning application, it would be subject to the applicable municipal planning requirements and processes.

“This means that the decision would be subject to council approval, that future public meetings may be held, and that appeal to the Ontario Land Tribunal would be available.”

Waller confirms York1 will use the normal municipal zoning process and wants an open process.

“York1 has decided the best path forward is an open, public process. It is hoped that the municipality will work collaboratively together with York1 through the planning process,” said Waller in an email to The Independent. 

Chatham-Kent officials have warned residents York1 has another option available to them to move the project forward without municipal approval; a Ministerial Zoning Order.

An MZO would override any local decision and is normally used when the request is about a provincial priority.

“York1 is not seeking a Minister’s Zoning Order. This will go through the regular municipal planning channels,” says Waller.