• Vern Prat v. Environmental Health Officer

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    Decision Date: November 30, 1995

    Panel: David Perry

    The Appellant appealed the Environmental Health Officer’s refusal to issue to him a sewage disposal permit for his property on Quadra Island. The Appellant’s lot is a very small lot with a steep terrain. The Appellant hired an engineering company to design a suitable disposal system that would attempt to ensure the protection of neighbouring wells. The closest well to the proposed field is only 65 feet from the field. The Appellant argued that the required 100 foot distance from the edge of the field to the nearest “source” of domestic water required by section 18(d) of the regulations should be measured from the edge of the field to the aquifer itself rather than to the top of the well. When measure in this manner the distance was 150 feet from the edge of the field.

    The Board rejected this interpretation of the 100 foot distance. It held that the 100 foot must be measured from the disposal field to the closest point of domestic water which was not completely encased and where possible effluent break-out could occur. The Board therefore dismissed the appeal.