The company trying to reopen a dormant landfill near Dresden is taking the Municipality of Chatham-Kent to court.
York1 Waste Solutions Inc. has served the municipality with a court challenge in the Ontario Superior Court of Justice, arguing that the proposed landfill development project at 29831 Irish School Rd., just outside of Dresden, does not require any land use planning approvals from CK Council.
Municipal officials said they have “consistently” told York1 that those planning approvals, including zoning and official plan changes, are needed to move forward with a planned waste disposal and regenerative recycling facility at the Irish School Road site.
The proposed landfill development has faced fierce opposition from Dresden residents, the municipality, environmental groups, and provincial opposition parties.
Over the past two weeks, legal counsel for Chatham-Kent wrote to York1 to reiterate the need for land use approvals. The municipality was served with the court challenge on November 14.
York1 argues that the landfill property falls under a Legal Non-Conforming Right, which is the right to continue a specific land use that is no longer permitted under the current zoning by-law.
“The Municipality of Chatham-Kent strongly disagrees with this argument and will be vigorously defending the action and seeking a court order requiring York1 to seek approvals from Chatham-Kent Council,” municipal officials said in a news release.
CKXS News has reached out to York1 for comment.
Along with the regenerative recycling facility, York1 plans to expand the existing waste transfer station from 0.8 hectares to 25 hectares, to accept up to 3,000 tonnes of recyclable materials and 1,000 tonnes of non-hazardous solid waste per day.