Decision Date: July 21, 1997
Panel: Toby Vigod
Keywords: Sewage Disposal Regulation – s.2(2), s.3, s.6, s.7, Schedule 2, Schedule 3 – s.17, s.12, s.18; Capital Regional Districts On Site Disposal Policy and 1996 Guidelines for Gravel-less Chamber Systems; depth of soil; package treatment plant; gravel-less trench; infiltrator; saturated flow; gravity distribution method; pressure distribution method.
Mr. and Mrs. Blogg appealed the decision of the Environmental Health Officer (EHO) issuing a permit for an on-site sewage disposal system consisting of a package treatment plant and a gravel-less trench for a three-bedroom house with a one-bedroom suite. Mr. and Mrs. Blogg appealed on the grounds that contaminated ground water was entering their property and that the proposed system would create a health hazard because of insufficient soil depth and insufficient area for the disposal site.
The Board found that even though there was conflicting evidence on the depth of soil at the site, the 4 foot soil depth requirement could not be met. Nevertheless, the Board found that public health was safeguarded with the additional conditions of adding soil and constructing an impermeable barrier at the site. The Board upheld the EHOs decision to issue the permit, and it upheld the conditions of the permit. The Board also added conditions to the permit to ensure compliance with the Regulation. Ultimately, the Board dismissed the appeal and determined the permit was effective for one year from July 21, 1997. The Board commented that some of the mandatory provisions of Schedule 2 and 3 had not kept pace with recent developments in disposal system design and needed to be updated.
