Decision Date: January 14, 1997

Panel: David Perry

Keywords: Sewage Disposal Regulation – s.6.1, s.7, s.7(3), Schedule 2 – s.18, Schedule 4 – s.2(b); measurement of setback to stream; environmental control zone.

This is an appeal by Mr. Perkins from a decision of the Environmental Health Officer (‘EHO’) denying a permit for a sewage disposal system. Mr. Perkins’ lot is next to Naramata Creek, and was placed in an environmental control zone after 1992. The permit was denied because the site did not meet the 30 metre setback to the creek as required by regulation. Mr. Perkins appealed on the ground that the EHO erred in the way he measured the distance to the creek. In the alternative, he argued that an alternate method should be considered for the lot or the EHO should consider the system under the specific sections relating to environmental control zones in the regulation which, he argued, would allow a reduction of the 30 metres if a phosphorous system was used.

The Board found that the 30 metre setback is a measurement of surface distance, not a measurement of underground water flows. Mr. Perkins’ lot could not meet this distance requirement. The Board also found that the sections relating to alternate methods did not apply, and could not assist him in any event. The Board further found that the specific sections of the regulation relating to environmental control zones do not apply to his lot because the lot was created before 1992; such lots were specifically exempted. The appeal was dismissed.