The latest development in the battle over a proposed landfill in Dresden will see the two sides in court.
The Municipality of Chatham-Kent (CK) says it has been served with a court challenge by York1 Environmental Waste Solutions Inc., arguing that the property for a proposed landfill in Dresden doesn't need any land use planning approvals from CK Council.
A court challenge is a legal process that can be used to ask for a court order to determine a legal issue.
The municipality said it has consistently told York1 that land use planning approvals are needed, including zoning and official plan changes, adding that in the past two weeks, CK legal counsel wrote to York1 reiterating their need for these land use approvals.
York1 argued it doesn't require the municipal approvals because the property at 29831 Irish School Road was previously used as a dump.
The municipality noted once again that it strongly disagrees with York1's argument and will vigorously defend the action. It will also seek a court order requiring York1 to seek approvals from Chatham-Kent Council.
Emily Crawford, CK Director of Legal Services, told councillors at their meeting on Monday night that the municipality will be opposing the requested exemption of municipal approvals by York1.
"Administration has been very clear with York1 throughout the evolution of what we understand to be their proposal for their site. Should they proceed, it would be the municipality's expectation that they follow the planning act approval processes that rest with council as the approval authority. So, that has been reiterated to York1 several times," said Crawford.
Top municipal staff also met with York1 on Monday.
On Monday night, CK Council heard that administration met with York1's planning consultant to request details of the company's changing proposal.
It was the first meeting between both parties in two years, according to administration.
CK Acting Chief Administrative Officer Dave Taylor said the municipality was seeking clarity and more project details at the meeting on the evolving proposal, and better communication from the proponent.
The project has changed since it was removed from the previously approved environmental assessment process.
"York1 has suggested that there is actual changes. What was originally in those applications is not the same thing that they're now pursuing," noted Taylor.
Taylor said the municipality has also asked York1 to submit background studies and other pertinent project materials to get a better handle on the proposal.
CK Chief Administrative Officer Michael Duben said York1 must be more accurate with its public information, adding the municipality will try and have another meeting if York1 submits all of the information requested.
"There's a lot of misinformation in the information they've given the public, and we've asked them to make sure going forward that they be more accurate, if not completely accurate in their information," said Duben.
Robert Simpson, a board member of Dresden Citizens Against Reckless Environmental Disposal (C.A.R.E.D.), told CK News Today that the group is still weighing appealing the recent decision by the Impact Assessment Agency of Canada (IAAC) not to assess the environmental impact of the proposed Dresden landfill project.
