Decision Date: March 11, 1996

Panel: Judith Lee, Elizabeth Keay, Bob Radloff

An appeal against a March 10, 1995, decision of the respondent to refuse a waste management permit to the appellant for ground disposal of sewage from a proposed mobile home park. The respondent was concerned the proposed discharge would raise the water table, cause flooding in a nearby creek, and result in break-out and harmful to the environment. The respondent also noted that the Ministry of Environment, Lands and Parks has adopted a precautionary approach to pollution and that the issuance of permits for new discharges before long-term development and liquid waste management strategies are in place would be inconsistent with this principle.

The Board allowed the appeal in part. The Board ordered the respondent to issue the permit but attached a number of conditions, including that the number of units to be served by the permit from 138 units to 100 units. While the Board agreed that the preferable route for protection of the environment was integration of the proposed development’s sewage disposal system with an existing liquid waste management plan (LWMP) for the area, it was beyond the jurisdiction of the respondent to require a LWMP as a pre-condition for granting a permit.