Decision Date: July 30, 1997

Panel: David Perry

Keywords: Sewage Disposal Regulation – s. 3(3)(a), 3(4)(a).

Mr. McKibbon appealed a decision by the Environmental Health Officer (‘EHO’) to issue a sewage disposal permit to owners of a steeply sloping property adjacent to the Appellant’s on Shuswap Lake. The permitted system had been constructed at the time of the appeal. It consists of a holding tank, a pumping chamber and a drywell sewage disposal system over a minimum 12 inches of drainrock.

Mr. McKibbon argued that the EHO failed to consider the existence of a cutbank for his access road located within 50 feet of the original proposed drywell site, that an inadequate site investigation was performed, and that there is a bedrock formation cutting across the middle of the Wright property which will divert effluent from the drywell onto Mr. McKibbon’s property.

The Board found that the permit met Health Department policy regarding potential breakout points and given the conditions of this “difficult” property, that the EHO carried out sufficient investigation as required by the Regulation. The Board rejected the appellant’s evidence regarding the bedrock formation, but noted that the large amount of soil (9 feet) at the location of the drywell site and the 65 foot distance between the drywell and the Appellant’s lot would treat any effluent.

The Board found the EHO adequately exercised his discretion to issue the permit. The appeal was dismissed.