Landfill Setback Process
NOW THEREFORE BE IT RESOLVED THAT the AUMA request the Government of Alberta to immediately review the provisions of the Municipal Government Act with respect to non-operating landfill setbacks.
WHEREAS the Municipal Government Act Subdivision & Development Regulations states that a subdivision authority shall not approve an application for subdivision for school, hospital, food establishment or residential use if the application would result in the creation of a building site for any of those uses:
(a) within 450 metres of the working area of an operating landfill, or
(b) within 300 metres of the disposal area of an operating or non-operating landfill;
WHEREAS up until the past decade, setbacks from non-operating landfills were set at 30 metres and were changed to 300 metres;
WHEREAS requirements for setbacks may only be varied with the written consent of the Deputy Minister of Environment;
WHEREAS the setback distances have varied from time to time and are currently not justified from a Health or Safety perspective;
WHEREAS Alberta Environment does not approve setbacks to landfill sites and requires municipalities to issue stop orders which are then appealable to local Subdivision & Development Appeal Boards which are not bound by setbacks; and
WHEREAS this is a sub delegation of provincial responsibility to a local body.
Nov 23, 2011 - Municipal Affairs
Staff from Municipal Affairs will work with Alberta Environment and Water staff to review this matter. Any revisions to the current provisions may require consideration in the context of both a review of the Municipal Government Act and a renewal of the Subdivision and Development Regulation. Environment and Sustainable Resource Development and Municipal Affairs have established a Landfill Development Setback Working Group to develop recommendations towards a setback policies.
AUMA accepts this response.