Decision Date: October 15, 2002

Panel: Alan Andison

Keywords: Sewage Disposal Regulation – ss. 1 – definition of “high water mark,” 3, 6(a), 7(1)(a), 8, Schedule 2 – ss. 1, 18; soil depth; setback; conventional septic tank system

Daryl Youlden appealed the decision of the EHO to refuse his application for a permit to construct a conventional septic tank system on his property in Cowichan Bay. The Board found that the depth of soil above the water table was not adequate to attenuate the effluent and protect public health from the risk of ground water contamination or effluent breakout. The Board also found there is no mandatory 100-ft setback from Cowichan Bay, as the setback from a “high water mark,” as required in the Sewage Disposal Regulation, refers to non-tidal water. The Board found that the EHO has discretion to determine the appropriate setback from tidal water. However, the Board held that it had insufficient information to make a finding as to the appropriate setback from Cowichan Bay in this case.

The appeal was dismissed.