Decision Date: June 28, 2000

Panel: Toby Vigod, Don Cummings, Jackie Hamilton

Keywords: sewage disposal system; costs; Health Act – s. 25; Sewage Disposal Regulation – ss. 1(1), 2, 3, 4, 6, 7(1).

Denise Jeffery, Robert Jeffery and Peter Bogaerts appealed a decision of the Environmental Health Officer (the “EHO”) to issue a permit for a sewage disposal system on waterfront property near Courtenay. The Appellants sought an order rescinding the permit.

The Board found that the definition of “sewage disposal system” in section 1(1) of the Sewage Disposal Regulation (the “Regulation“) makes it clear that systems other than those involving a septic tank or package treatment plant discharging into a ground absorption system are contemplated under the Regulation. The Board found, therefore, that the proposed sewage disposal system, which included the Glendon Biofilter, complied with the Health Act and Regulation.

The Board also found that the technology design of the Glendon Biofilter system was adequate to protect public health. The Board found there to be a reasonable level of assurance that water quality and shellfish in Baynes Sound would not be adversely affected by the installation. The Board ordered, however, that the EHO revise the permit to address the issue of differential settling. The appeal was dismissed. The Permit Holder’s request for costs was denied.