Decision Date: August 15, 1996

Panel: David Perry; Harry Higgins; Johnder Basran

Keywords: Waste Management Act – s. 1, 3, 8, 28; pollution.

This is an appeal by Friends of South Cowichan of a decision by the Deputy Director of Waste Management upholding amendments to a permit issued by the Assistant Regional Waste Manager which authorizes the discharge of effluent by Alpex Developments. The Appellant claims that the effluent discharged by the waste disposal system on the Alpex Development stands to have an adverse effect on the Wheelbarrow Springs Water supply which is a source of drinking water for Mill Bay. The Appellant further maintains that the entire Alpex Development itself poses a threat to the environment and therefore the rezoning decision allowing for the development should be overturned. She also sought to have the hearing reopened on the basis of a new report defining the source area of water supply for the Springs.

The Board considered the new evidence submitted by the Appellant but refused to reopen the hearing on the evidence presented. The Board found that the high quality of effluent and the ground disposal system regulating its discharge was sufficient to ensure that any effect on the groundwater will be negligible. Moreover, any affected groundwater will be diverted away from the Wheelbarrow Springs water supply and accordingly there is no threat to the health and welfare of persons using that water supply. The stringent requirements of the permit protected the environment. The Board also found that it has no jurisdiction to deal the indirect effects of the development itself as the Waste Management Act does not confer the power to consider the environmental effects of activities which do not deal with the permit in question. The appeal was dismissed.