Decision Date: February 25, 1997

Panel: Katherine Hough, Helmut Klughammer, Jack Lapin

Keywords: Waste Management Act – s.8

The Appellants appealed the decision of the Deputy Director of Waste Management, upholding the issuance of a permit to the Corporation of the Village of Kaslo (the ‘Village’) for the discharge of waste from a package treatment plant into Kootenay Lake. The Appellants argued that the proposed plant would be unsightly, noisy, emit noxious odours, and would not adequately protect the environment. The Appellants were also concerned about the location of the plant because it will be built on a floodplain, and also that there was not adequate notice to the public when the Village modified the original application to change the location of the proposed plant.

The Board found that the visual impact of the plant will be minimal, and that there will be adequate safeguards against odours escaping, and that the plant will operate quietly. The Board was satisfied that the plant will withstand a 1 in 200 year flood, and that the effluent released from the plant into Kootenay Lake will not harm the environment or public health because the proposed system is a state of the art system. The Board also found that the change in location was made before the permit was issued, and was not a significant amendment. If strict compliance with notification requirements was essential, then the conditions were met, but if there were defects with the notification process, then no unfairness resulted. The appeal was dismissed.