Keywords:Sewage Disposal Regulation – s. 3(1), Schedule 1 – s.1, Schedule 2 – ss.16, 18; On-Site Sewage Disposal Policy – s. 4.3; horizontal measurement to wells.
Dr. Salway appealed the decision of the Environmental Health Officer (the “EHO”) to issue a permit for construction of a sewage disposal system on Mr. DeJong’s property on the west arm of Kootenay Lake. The grounds of the appeal were that the installation of an absorption field, as authorized by the permit, would have a negative impact on the water quality of a two nearby perennial springs used by the Appellant and other area residents as their domestic water source.
The Panel found that the distance of the proposed septic field from the springs was at least the minimum 100 feet (30.5 meters) required by the Regulation. There was no concrete evidence to show that the underground water courses flowing to the springs were passing in the vicinity of the location of the proposed septic field. Given the evidence considered, the Panel found that it was unlikely, on a balance of probabilities, that the springs would sustain an impact from the sewage treatment system authorized by the permit. The Panel also found that the water quality of the springs may vary from time to time, and that where the site had a slope in excess of 30%, it could be reconstructed to comply with the regulation. The Panel also found that one test hole in conjunction with other observed holes was sufficient to characterize the site under Schedule 1. The appeal was dismissed.
