Decision Date: February 14, 1994

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

In the matter of appeal under s26 of the Waste Management Act, SBC Chap. 41, 1982, against the issuance of Waste Management Permit PE-11144 to Maple Bay Resorts Inc.

When Maple Bay Resorts Inc. sought to expand their facilities, increased sewage disposal was needed and the resort applied for a permit to discharge the effluent. The Maple Bay Ratepayers Association and the Seaworthy Boat Owners Association were concerned with the impact of this proposed expansion on the bay and the surrounding area, and appealed the permit.

The Board found that the standards in the permit were actually more stringent than those required by the Pollution Control Objectives, and that effluent discharged under the permit would not affect swimming beaches or shellfish. Also, the Board rejected arguments that the permit was not within the power of the Ministry of Environment, Lands and Parks.

However, both the Appellants and the Deputy Director expressed concern that the security bond posted by Maple Bay Resorts Inc. was inadequate, and the Board required that it be re-evaluated. The Board also amended the permit, requiring odour control facilities, sludge monitoring and pre-treatment for any effluent from holding tanks containing odour suppressing chemicals. Aside from these changes, the Board dismissed the appeal.