• Alfred Fritzel v. Environmental Health Officer

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Mike McBride, Permit Holder


    Decision Date: August 22, 1996

    Panel: Bob Radloff

    Keywords: Sewage Disposal Regulation; convenant

    The is an appeal by Mr. Fritzel from a decision of the Environmental Health Officer (“EHO”) to issue a sewage disposal permit to Mr. McBride. Mr. Fritzel maintained that the effluent discharged by the proposed sewage disposal system would contaminate a water supply he uses for domestic and agricultural purposes. He also contended that covenants exist on the property which preclude the construction of a disposal field and prohibit the discharge of effluent to the water source. Further, Mr. Fritzel claimed that the permit application contained errors and omissions which prevented it from being properly assessed.

    The Board held that while the effluent flow from the sewage disposal system would be towards the water course, the setback was further away from the water course than was required by the Sewage Disposal Regulation. Moreover, the effluent from the system would be properly remediated before reaching the water. The Board reviewed the covenants referred to it and found that they did not apply to the disposal field. Both convenants were in favour of the District of Salmon Arm and therefore only the District of Salmon Arm and not the Board had the authority to enforce any conditions under the covenants. The Board accepted the Appellant’s submission that some errors and omissions had occurred in the original permit application, but any deficiencies were brought to the attention of the Board during the hearing thereby allowing it to make a fully-informed decision. The appeal was dismissed.