Durham Regional Council has voted in favour of a solid-waste incinerator to be built in Clarington near the Darlington Nuclear Generating station that has some local residents worried.

Council voted 16-7 on Tuesday to approve a joint deal with York Region, which has a 21.4 per cent stake in the project.

The approval means that construction of the $272.5 million facility, which will have a capacity of 140,000 metric tonnes of trash per year, can begin in the fall.

The incinerator will be built by New Jersey-based Covanta Energy Corp., which operates 44 incinerators in North America. It is expected to take three years to build the Clarington plant.

Some local residents are worried about the air pollution that would be released during incineration.

Doug Anderson, president of Durham CLEAR, said, “People are not going to drop dead when they build this thing. What we’re talking about is increments in the air pollution, and as I’ve said this is one of the most polluted air sheds in Ontario.”

His group has begun a legal challenge over the zoning of the property on Osborne Road that alleges it doesn't permit an incinerator. A hearing date has been set for Aug. 12 in Oshawa.

Durham chairman Roger Anderson said he's not concerned about the legal action.

"Personally I think it has no merit whatsoever," he said.

While air pollution is blamed for thousands of premature deaths in Canada yearly, the incinerator’s contribution to the problem would be “very small,” Dr. Ray Copes told council Tuesday, the Toronto Star reported.

“I wouldn’t expect a single premature death in a year,” said Dr. Copes, who did a medical review of emissions data.

Premier Dalton McGuinty said Wednesday that, "We listened very closely to our medical experts to ensure that we are not going to compromise health."