Keywords: Standing to appeal; Waste Management Act – s. 44(1); Metalex Products v. Deputy Director of Waste Management (EAB Appeal No. 96/17(b)).
Mr. Gurmeet Brar, a resident of Invermere, appealed a decision of the Deputy Director of Waste Management upholding the issuance of an Amended Permit to the District. The Amended Permit authorized an increase in the allowable discharge of effluent to the ground and to Toby Creek from a waste water treatment plant operated by the District. The District challenged Mr. Brar’s standing to appeal, submitting that he was not a “person aggrieved” by the decision, and asked the Board to dismiss his appeal accordingly.
The Panel found that Mr. Brar had an ownership interest in two properties adjacent to the treatment plant site. Given the proximity of the properties to the site, it was reasonable to believe that the subject decision may prejudicially affect the Appellant’s rights or interests. The Panel therefore found that Mr. Brar was a “person aggrieved” under section 44(1) of the Act and had standing to a appeal the amended permit and the decision of the Deputy Director. The application for dismissal based on lack of standing was denied.