Decision Date: February 10, 1997

Panel: Carol Martin

Keywords: Sewage Disposal Regulation – s.2(2), s.4(3), s.7(1)(a), Schedule 2 – s.1, s.16, s.22, s.26; Ministry of Health Policy for On-Site Sewage Disposal, s.3.1, s.4.4, alternate method.

The Appellants appealed a decision of the Environmental Health Officer (‘EHO’) granting a permit for an on-site sewage disposal system for a ½ acre lot being developed by Cabins and Castles Construction Ltd in a 72 lot subdivision located on a hill above Shuswap Lake. Each Appellant lives in an older subdivision located below the lot in question, and they are concerned about the possibility of contamination of their properties and water supplies, caused by runoff storm water as it flows across the lot’s drainage field, and down towards their properties and Shuswap Lake.

The Panel found that the EHO was unaware of the extent of the storm water runoff problems associated with the area and did not have enough sufficient information before him to be assured the public’s health would be safeguarded. Further, the condition she included in the permit were not sufficiently clear. The Panel found that, with amendments, the permit could be issued and the proposed system would protect the public health. The appeal was allowed.