Keywords:Sewage Disposal Regulation – ss. 2(2), 3(1), 3.01; discretion to relax requirements of Code of Good Practice.
Mr. Hodgson wanted to build a manufacturing plant on a 9.66 acre property near Chilliwack, B.C. The EHO refused his application for a sewage disposal system under the Code of Good Practice on the basis that the Code only applies to properties used for residential purposes and that measure 10 acres or more. Mr. Hodgson appealed.
The Board upheld the decision of the EHO. It found that the Code established a mandatory minimum parcel size of 10 acres which cannot be reduced by the EHO and that there is no provision for rounding up the 9.66 acres to 10 acres. Further, the Board found that residential use of the property is a prerequisite for applying for a permit under the Code. Appeal dismissed.
