Dresden Waste Processing Site and Landfill

Mayor Darrin Canniff Sends Letter to Minister of Environment, Conservation and Parks

May 2, 2025

Hon. Todd J. McCarthy

Minister of Environment, Conservation and Parks Via email: minister.mecp@ontario.ca

Dear Minister McCarthy:

Re: Defend Dresden; Strong Community Opposition to Landfill, Recycling and Waste Facility Proposals; 29831 Irish School Road, Chatham-Kent

I am writing to you on behalf of Chatham-Kent Municipal Council and our citizens, regarding a matter that would be destructive to our community and a major environmental impact.

As part of your government’s proposed Bill 5, Protect Ontario by Unleashing Our Economy Act, 2025, a property at 29831 Irish School Road, Chatham-Kent is being considered for a landfilling, recycling, and waste management facility. We implore your government not to follow through with this proposal. Chatham-Kent has been very supportive in addressing Provincial priorities, such as significantly exceeding our assigned housing targets in 2023 and 2024; working collaboratively with Hydro One to facilitate the development of the various Priority Transmission Projects in Southwestern Ontario, the majority of which run through Chatham-Kent; supporting energy generation projects; and hosting an existing large landfill, known as the Ridge Landfill. However, we need you to ensure that the communities of our Province are protected when Provincial priorities are advanced.

The owners of these properties are trying to establish new waste, recycling and landfill uses under historic Ministry approvals. Those historic approvals were for very narrow uses, that had limited impacts on surrounding properties and our community. Our experts indicate that the types of environmental reviews that would be typical for a landfill, recycling, and waste facility of this size would not have been performed when very limited waste uses were established in the 1960s. This proposal, if approved, would have a devastating impact on the Town of Dresden and surrounding communities. Those who would be impacted include families, children, homes, farms, schools, businesses and importantly, our neighbouring Indigenous communities of Walpole Island First Nation and Delaware Nation at Moraviantown.

Your government showed great leadership in defending Dresden when, only a little more than a year ago, you passed Ontario Regulation 284/24 that required a full Environmental Assessment for this property. Only through a full Environmental Assessment process will the impacts of this proposal be fully understood, and we are confident that such a process would show that a landfill, recycling, and waste facility cannot be located this close to a vibrant and historic town. This property is just over 800 metres from the town of Dresden; imagine what it would be like to have such a facility 800 metres from your home. There is no feasible haul route for the hundreds of trucks that would go to and from the facility, meaning trucks would be driving through our towns and neighbouring communities, causing safety risks. This property is in a sensitive environmental area, which is particularly concerning when we see the limited environmental analysis that has ever been done to consider a landfill in this location. The property is not appropriately zoned and considering sensitive uses in close proximity, such as schools, it is hard to see how zoning changes to allow this use could be approved.

Municipal Council has now heard from our community, and there is resounding opposition to these proposals. Council has passed unanimous motions opposing this proposal and calling on your Ministry to reject the proposal.

We implore you, please do not include the repeal of Ontario Regulation 284/24 within Bill 5; please continue to require a full Environmental Assessment for any use of this property as a landfill, recycling facility and/or waste facility. Protect Ontario by protecting all parts of Ontario.

Sincerely,

Darrin Canniff, Mayor/CEO

Municipality of Chatham-Kent

Update - April 17, 2025

The Municipality has been made aware today that the Provincial Legislature has tabled legislation through Bill 5, Protect Ontario by Unleashing our Economy Act, 2025, part of which is relevant to the Proposed Waste Facility North of Dresden on Irish School Road.

While the full details and impacts of this legislation are still unknown, the Municipality is providing as much information as it has about the matter to the public. The tabled legislation specific to the Proposed Waste Facility North of Dresden can be found on the Environmental Registry website at: Removing Environmental Assessment Requirements for the York1 Waste Disposal Site Project | Environmental Registry of Ontario.

Mayor Darrin Canniff and Council have unanimously opposed the waste facility proposal and passed a motion in February of 2024 directing staff to make submissions to the Province to require a full Environmental Assessment for any Waste Facility on that property.

Through several submissions to the Province, and due in part to the strong community opposition to this proposal, the Provincial Minister of the Environment approved a regulation (Ontario Regulation 284/24) that required a full Environmental Assessment for this property. As a result of that decision, any use for a waste facility would have required a thorough environmental assessment, including detailed opportunities for public comment.

It appears that the Province is now changing course on this waste facility proposal. The legislation tabled today would revoke Ontario Regulation 284/24 and remove environmental assessment (EA) requirements for the proposal to resume landfill operations and expand waste handling, processing, and transfer operations at the property.

Mayor Canniff, Council and municipal administration are prepared to fight this waste facility proposal. Expert lawyers and engineers have already been retained and are working to develop a strategy to oppose this waste facility proposal.

“We are extremely concerned about the recently announced direction the Province is considering regarding environmental assessments,” said Mayor Darrin Canniff. “I would like to make it very clear: myself, Council, and the community of Chatham-Kent will continue fight with every tool available to us against both the new legislative direction and the proposed waste facility.”

The comment period for this proposed legislation is open for 30 days, to May 17, 2025.

On January 29 and February 26, the Municipality of Chatham-Kent was notified by the Ontario Ministry of Environment, Conservation and Parks that York1 Environmental Waste Solution Ltd. had filed applications for a new waste processing site and landfill, respectively. In response, on February 26th Municipal Council passed a unanimous motion opposed in principle to the proposals, and to call on the Province to reject the proposal. Mayor Darrin Canniff has submitted a letter to the Provincial Minister of the Environment, Conservation and Parks, the Hon. Andrea Khanjin, stating Chatham-Kent's serious concerns with the proposals.

We’ve heard much conversation and many questions throughout this process, so we’ve created these FAQs:

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 an 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:

• Agricultural Uses (no structures)
• Asphalt and Concrete Batching
• Buildings and Structures related to the 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)

The site was zoned under the Township of Camden Zoning By-law before 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:

York1 Environmental Waste Solutions Ltd. as general partner for and on behalf of York1 Environmental Waste Solutions LP - Environmental Compliance Approval (waste) | Environmental Registry of Ontario

York1 Environmental Waste Solutions Ltd., as general partner for and on behalf of York1 Environmental Waste Solutions LP - Environmental Compliance Approval (waste) | Environmental Registry of Ontario

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.