The Chatwin Lake waste transfer site is now temporarily closed after the Subdivision and Development Appeal Board (SDAB) denied the MD of Bonnyville's development permit for the site, following an appeal that was heard on Feb. 15 at MD Council chambers.
The MD and adjacent land owners and residents Mike and Agnes Wasylyk have been disputing the location, permanency and legality of the waste transfer site for more than a decade, with the issue eventually reaching a Provincial Court last year.
The site, which is located just off Township Road 611, near Chatwin Lake, is just meters from the northeast corner of the Wasylyk's property. It has expanded from only a few bins on the edge of the MD's road allowance in the late 90s to its current state, hosting nearly 10 bins on a slab of pavement surrounded by a chain-link fence and situated on provincial park land.
After hearing from the MD, the Wasylyks and other members of the public concerned with the site, the appeal board denied the development permit based on the fact the MD had not received permission to build the site on provincial land.
Mike Wasylyk said he was “ecstatic”, following the board's decision to deny the permit. However, he said this whole ordeal has gone on much too long.
It was the Provincial Court's decision in favour of the Wasylyks last year that forced the MD to apply for a development permit for the site.
The permit was approved in January by the Municipal Planning Commission, which is made up of MD councilors and the reeve; however, the Wasylyks immediately appealed that decision to the SDAB.
Prior to reaching Provincial Court, the MD had not sought out a development permit, deeming the site a “temporary bin site” and therefore it was believed a permit was not required.
The Wasylyks claim the MD had not consulted with them about the site when it was first opened and since then has been disregarding their concerns until they filed a lawsuit in 2011.
Wasylyk said the location of the site not only devalues their property, it is also a health hazard. Dead animal carcasses as well as oils and other hydrocarbons have been illegally dropped off and spilled at the site, leaving the Wasylyks concerned toxins may leach into their water wells.
He said garbage and the smell of garbage is regularly blown on his property and although near-daily pickup from the site helps the problem, the sound of bins being emptied into the garbage truck “is like an unwanted alarm clock” that can be heard from their home, located on the northwest portion of their property, about 350 meters from the site.
Wasylyk said the MD initially claimed the site would be temporary, however it became clear to him it was going to be permanent when “they (the MD) bulldozed” his property without his permission and started paving and fencing the site.
The Wasylyks said they feel somewhat vindicated by the decision of the appeal board and the Provincial Court, however they don't think the fight to have the site permanently removed is over.
The MD has filed for an appeal with the Provincial Court and sought out approval from the provincial government to use the land as a waste transfer site.
MD CAO Ryan Poole said the MD is looking into options for area residents to dispose of waste, but for the time being users of the Chatwin Lake site are urged to take waste to the Bonnyville Landfill or the Fort Kent transfer station.
The MD has also arranged a town hall meeting, set for March 7 at the Shaw House.
“Moose Lake residents are urged to attend the MD town hall meeting … to discuss their concerns regarding residential garbage,” noted a statement released by the MD, following the appeal board's decision.
