Full EA ordered for Dresden landfill project, ex-owner recently completed

A Mississauga-based waste disposal company has a major hurdle to overcome before it can proceed with a proposed massive expansion of a dormant landfill site near Dresden, whose previous owner was recently fined for violations.

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Ontario’s Environment Ministry ordered Friday that the proposed York1 Environmental Waste Solutions project undergo a comprehensive environmental assessment (EA).

The company has applied to create an eight-hectare (20-acre) landfill with 1.62 million cubic metres of waste capacity on a 35-hectare (86-acre) site with a maximum fill rate of 365,000 tonnes a year, an average of 1,000 tonnes a day.

The company also proposes to develop a regenerative recycling facility at the same Irish School Road site, less than one kilometre from Dresden, to accept as much as 6,000 tonnes daily of non-hazardous construction and demolition waste and 30,000 tonnes of unprocessed soils.

The project has drawn fierce opposition from the community and municipalities of Chatham-Kent and nearby Dawn-Euphemia Township in south Lambton County. There are environmental concerns about possible pollution of the nearby Sydenham River and the impact of hundreds of trucks a day coming to the proposed round-the-clock operation.

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“We recognize the potential impact that a project of this size could have on local residents and the surrounding environment,” the ministry said. “That’s why, after consulting with the public, we are requiring a comprehensive environmental assessment for the proposed project. . .

“The environmental assessment process requires the company to identify potential impacts from the proposed project, possible mitigation measures to address any impacts and opportunities for the local community to submit comments,” the ministry added.

The EA requirement does little to ease the concerns of John Lamers, who owns a property within a stone’s throw of the proposed landfill where his son’s family lives.

Among those concerned is a mid-February conviction of the former property owner for offences included leachate running off the property.

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Lamers instructed his son and family not to drink the well water at that property.

“That’s how concerned I am,” Lamers said. “Until I get my well sampled, I’m concerned about them bathing (with the well water) because of contaminations that can’t be seen.”

The offences date between Jan. 14, 2020, and May 6, 2021, according to the ministry.

A court bulletin states numbered company 1230934 Ontario Ltd. was convicted Feb. 13 of one violation under the Ontario Water Resources Act (OWRA) for failing to have a licensed water hauler remove all leachate material from an onsite pump house. There was also an Environmental Protection Act (EPA) conviction for failing to cease permitting, causing or arranging for the deposit of waste upon service of the ministry order.

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The bulletin also notes Waste Wood Disposal Ltd., which operated on the site owned by 1230934 Ontario Ltd., was convicted of one OWRA violation and three EPA violations. Two charges match those against the numbered company; The other two EPA violations included failing to submit a detailed abatement plan to the ministry and failing to ensure the maximum amount of waste stored on the site did not exceed 75 tonnes.

In December 2019, the ministry was informed greenhouse waste was being piled at the site and liquid leachate was running off from this material. The ministry said staff inspected the site on various dates in December 2019 and January 2020 and observed “large quantities of waste with pools of leachate at the side and noted a strong rotting odour.

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“Ministry staff also observed a well pumphouse in poor condition that was in close proximity to the waste. “Dark liquid pooled around the base of the pumphouse and there was a black frothy liquid in the well pit,” the bulletin added.

A total of $65,000 in fines and victim fine surcharges were levied against the two companies.

The bulletin states 8,613 tonnes of waste was at the site in January 2020.

Lamers wants to know if the ministry has tested any private water wells, Molly’s Creek that runs through the property, or the nearby Sydenham River, since the former property owner was fined.

Noting it takes time for the leachate to get into the aquifer, Lamers said, “It’s an environmental disaster waiting to happen. I’m worried about it.”

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The ministry did not immediately respond to a Tuesday request for comment.

York1 did not immediately respond to a request for comment on the EA order or the fines against previous owner.

Lamers has hired an environmental lawyer over his water well concerns, and urges others in the area to do the same.

Lamers said he doesn’t trust the ministry or the Municipality of Chatham-Kent to protect his property and those around him.

He believes Chatham-Kent should take stronger action to enforce Bill 197, which gives municipalities the right to veto any proposed new landfill within 3.5 kilometres of the community. York1 has argued the Dresden site is an existing landfill.

Thomas Peacock, with the citizen group Dresden CARED, said even if the project is approved after the EA process, Bill 197 gives area municipalities the right to veto.

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“We have been saying this since Day 1, wrong location, it needs to be at least 3.5 kilometres from our town,” he said. “We’d like it to be at least five kilometres.”

But Chatham-Kent council heard from staff at a Feb. 26 meeting that if the ministry considers this project an expansion of an existing landfill project, the municipality has no veto power under Bill 197.

“The debate is ‘What is it really?’ ”North Kent Rhonda Jubenville said.

Dresden CARED has been getting conflicting legal opinions on whether or not Bill 197 applies, Peacock said.

Speaking of lawyers, Peacock said the group has Canadian Environmental Law Association lawyer Rick Lindgren on their side. “(That’s) an amazing win for the community,” he added, noting Lindgren wrote the environmental bill of right.

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He said the EA is a proponent-driven process where York1 gets to define the terms that will have to be challenged.

He added there will need to be a fundraising effort to pay for various reports and studies to challenge what York1 will present to the ministry.

Jubenville said she was “pleasantly surprised” the ministry had ordered an EA.

“This is going to slow the process down a lot and it’s going to cost York1 a lot of money,” she said.

Jubenville hopes this will prompt York1 to look at the situation, “reconsider their position and pack up and try and find a more suitable location.”

North Kent Coun. Jamie McGrail is happy an EA is required, noting it “will definitely define things.

“I am cautiously optimistic as we move forward. . . but this is not the complete stop,” McGrail said.

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It’s a process that needs to take place to “hopefully get to the end-point of no landfill in Dresden,” she said.

Two area MPPs support the EA process.

“We are going to do our due diligence, before the landfill can expand. . . whether it even meets the criteria,” said Lambton-Kent-Middlesex MPP Steve Pinsonneault.

Asked if the EA process could deny the project, Chatham-Kent-Leamington MPP Trevor Jones said, “Exactly. It’s a fulsome, rigorous environmental review. . . that’s up to 2024 standards.”

He added to the provincial government, he and Pinsonneault “stand along with our community.”

“We need this rigorous . . . review to see if it is even warranted, it should even be there,” Jones said.

Lamers said he is ready to take legal action if York1 is allowed to proceed with the project following the EA process.

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