Keywords: Sewage Disposal Regulation; set back requirement; vertical separation requirement
This is an appeal by Ken Smith and Rose Smith of a sewage disposal permit issued to Len Cornies by the Environmental Health Officer (EHO). Mr. Cornies property abuts Canim Lake. The Smiths maintained that the Cornies lot is subject to flooding during high water periods at Canim Lake. At those times, the disposal field will not meet the 30 metre set back from the high water mark as required under the Sewage Disposal Regulation. Therefore, the water quality of Canim Lake would be adversely affected. They also alleged that the disposal field would not have the required four feet of soil during periods of flooding.
According to the Regulation, the 30 metre set back requirement is to be measured from the average high water mark, not the highest water marks recorded. The Board held that the distance between the disposal field and the average high water mark was consistent with the Regulation. The Board also found that the EHO was authorized to reduce the depth of soil to the water table under the Regulation and did so in light of the favourable soil conditions at the site. The appeal was dismissed.
