Decision Date: February 27, 1991

Panel: Mrs. L. Michaluk – Chair, Ms. D. Gillis and Dr. M. Smart

The appellant sought to amend its waste disposal permit to allow for a dryweather flow rate rather than a maximum daily flow rate. It also sought to change the requirement for toxicity testing be deleted. It also requested additional amendments regarding monitoring procedure and the mixing of different standards of treatment.

The Board denied all of the requested amendments. The amendment to flow rate would have resulted in a moving target for discharge rate and as such would be unenforceable by the Ministry. Similarly the exclusion of toxicity testing would greatly imperil fish stocks in the Fraser River. The Board also required more than one test per year to be performed since no baseline data had been collected during the life of the plant.