• Donald King; James Bastion v. Environmental Health Officer

    Decision Date:
    1996-07-03
    File Numbers:
    Decision Numbers:
    95/35
    Third Party:
    Chandler Ridge Properties Ltd., Permit Holder
    Disposition:
    APPEAL DISMISSED

    Summary

    Decision Date: July 3, 1996

    Panel: Carol Martin

    This is an appeal from the decision of the Environmental Health Officer (EHO) to issue a permit for an on-site Sewage Disposal System to Chandler Ridge Properties’ proposed 18-lot strata mobile home park near Ladysmith, B.C. The appellants, who live in mobile homes on the property, argued that the system setbacks are insufficient, that the area has a high seasonal water table, that sewage has an unknown impact on the property’s ground water, that percolation tests were improperly conducted, and that the disposal field was built on clay, was not constructed according to regulations and was not inspected.

    The Board found that there was no evidence either of improper inspections or that the disposal field was in a high water table area. The Board found the soil type acceptable and held that the system exceeded the ministry’s requirements. The appeal was dismissed.