• Roy Leakey v. Environmental Health Officer

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    King Coho Resort Ltd., Permit Holder


    Decision Date: February 21, 1997

    Panel: Carol Martin

    Keywords: Sewage Disposal Regulation – 2(2), s.7, s.(3)(3), Schedule 3 – s.11, s.12, s.21.

    Mr. Leakey is appealing a decision of the Environmental Health Officer (‘EHO’) issuing a permit for a Chromoglass sewage package treatment plant to King Coho Resort Ltd (the ‘Resort’) which is located on a strip of land between Little River and the shoreline of the Georgia Strait. The Resort is currently a 33 unit RV park, but the owner intends to replace the RVs with a 20 bedroom condominium development, which will require a new sewage disposal system. Mr. Leakey, an adjacent property owner, appealed the permit on the grounds that it will be a risk to public health and the environment because the disposal field for the new system is susceptible to flooding from the Little River.

    On the evidence presented, the Board found that the proposed package treatment plant will protect the environment and the public health better than the current system in place for the RV park, and met all mandatory set backs and soil results. The Board was concerned, however, that there was a possibility of floods by overflowing seasonal high water from the river. The Board decided to uphold the permit, but added conditions to ensure the older sewage system was removed, and provisions for the treatment plant to be floodproofed, and for the drainage field to be constructed to divert storm water. The appeal was dismissed.