Decision Date: November 12, 1993

Panel: Mrs. L. Michaluk – Chair, Mr. H. Hunter and Ms. H. Michel

In the matter of a preliminary hearing of the appeal under s26 of the Waste Management Act, SBC Chap. 41, 1982 against the Decision of the Deputy Director of Waste Management regarding the issuance of Permit PE-11144.

The Maple Bay Ratepayers Association and the Seaworthy Boat Owners Association objected to a permit allowing a sewage out-fall in Maple Bay. Before the issue could be heard on appeal, the Board was asked to consider some preliminary issues.

The Associations argued that the Deputy Director of Waste Management could not issue a permit dealing with sewage treatment under s. 8 of the Waste Management Act, since sewage treatment is dealt with more specifically under s. 16. The Board disagreed, noting that s. 16 provided municipalities with the option of participating in a liquid waste management plan, but did not preclude others from applying for a permit under s. 8.

Next, the Associations suggested that the Deputy Director was acting as a Manager when he issued the permit. If this was the case, the Associations should have two chances to appeal ­ first to the Director of Waste Management, and then to the Environmental Appeal Board. However, the Board found that the Waste Management Act allowed the Deputy Director to issue permits under s. 8 in his capacity as Deputy Director, thus negating the first right of appeal to the Director. The preliminary motions were dismissed.