Decision Date: April 14, 1997

Panel: Carol Martin

Keywords: Sewage Disposal Regulation – s.2(2), s.3(3) and (5), Schedules 1 and 2; Ministry of Health’s Policy for On-site Sewage Disposal;

Mr. Campbell appealed a September 24, 1996 decision of the Environmental Health Officer (the ‘EHO’) to approve a conventional sewage disposal permit on Mr. Duke’s property for a total of 540 gallons per day to service two mobile homes and a shower and washroom facility. Mr. Campbell sought an order to set aside the permit due to the fact that storm water can flow across the disposal field onto properties with shallow drinking wells, and onto the beach below. By the time of the January 6, 1997 hearing in Parksville, the field had been built.

On the evidence presented, the Board found that the disposal field’s setback from wells, water bodies and break-out points met the requirements of the legislation. However, the drainage field must be protected from storm water, and the Board found that the interceptor ditch, as built, failed to do this. The Board upheld the permit, but added the condition that the interceptor ditch above the disposal field be retrenched and extended 50 feet further away from the field to ensure that no storm water flows back over the field. The appeal was dismissed.