The appellant appealed the pesticide use permit issued to the respondent Regional District primarily to the the latter’s use of the herbicide Roundup. The appellant contended that the long term effects of it were not known and its contained a surfactant 1,4-dioxane which was linked in a study to the cause of toxic conditions in test animals. The appellant sought discontinuance of the chemical until more is known about its effects. The appellant further suggested an alternative method such as controlling the weeds by hand be used instead until more is known about the herbicide.
The Board held that although the appellant had made a strong plea, it was not provided with enough substantive data to clearly indicate that the inert surfactant chemicals would be detrimental to the environment. The Board found further that the respondent had an obligation to kill all noxious weeds and that the best way of ensuring it meets the obligation is to use herbicides. It did however recommend review of the permit since the contractor named in the permit was not that currently engaged by the respondent.