• Vihar Construction Ltd. v. Environmental Health Officer

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:


    Decision Date: June 26, 2000

    Panel: Cindy Derkaz

    Keywords: Sewage Disposal Regulation – s. 7, Schedule 2; On-Site Sewage Disposal Policy; sewage disposal permit; raised bed absorption field.

    This was an appeal by Vihar Construction Ltd. (“Vihar”) of a decision of the Environmental Health Officer (the “EHO”), refusing to issue a permit for a sewage disposal system on property located on Lake Kathlyn near Smithers, B.C. Vihar sought an order that a permit be issued to allow the construction of a sewage disposal system.

    The Board found that the EHO correctly exercised his discretion under section 7(1) of the Sewage Disposal Regulation when he rejected Vihar’s permit application. The Board found there was a reasonable concern that the location of the proposed contoured raised bed absorption field could be subject to flooding from Lake Kathlyn, and that there was an insufficient depth of natural soil.  The appeal was dismissed.