A North Okanagan agriculture company's proposed development is causing concerns that the project could decrease drinking water quality for Greater Vernon residents, and the issue exposes gaps in the regulatory system overseeing the project's septic system.
In September 2024, a staff report to the Greater Vernon Advisory Committee highlighted concerns about a septic system for two seasonal worker accommodation buildings at the VegPro facility in Lavington. The proposed buildings would house up to 96 workers at the Ricardo Road site.
According to the report, staff identified a concern that the septic system is immediately next to Coldstream Creek, which feeds into Kalamlaka Lake and is a key drinking water source in the area, and drinking water could be affected if the project goes forward.
The report says numerous studies and water-quality trending has shown that conditions in Coldstream Creek directly impact the Kalamalka Lake intake and drinking water for most people in Greater Vernon.
Staff outlined other more specific concerns with the project, including that the one month of flow data from May 2024 that the project is based on isn't enough data; that the design does not account for peak daily flows; that the sewer system has multiple septic tanks and lift stations with dosing pumps with no backup power; and that there is no mention in the plans of monitoring between the creek and effluent fields to assess if the system will work as designed.
"Based on the points above, staff deem that the proposed onsite wastewater system for the two additional housing structures is a risk to (Greater Vernon Water's) Kalamalka water source as the site is very close to Coldstream Creek," the report states. "Even if spills do not occur, this system has the potential for additional loading to Coldstream Creek of numerous parameters such as nitrates, nitrites, phosphates, pathogens and salt, all of which would decrease water quality and increase the risk of algae blooms."
A petition was launched in January in response to the report, claiming Vernon's drinking water is under threat by the project. It has over 2,600 signatures.
The petition claims the litres of effluent in the septic sytem would likely exceed the threshold that requires a review under the Municipal Wastewater Regulation during peak flows, and calls on Interior Health and provincial authorities to conduct a review of the project.
VegPro executive director Jonathan Blais told The Morning Star that the work has been approved by a professional engineer, who the company has consulted with to ensure it installs the right septic system.
"We don't go at this blindly, we've hired what we think is the right professionals to support us," Blais said.
Lack of authority?
The question of who gives the final stamp of approval on the project is a murky one.
Stacey Raftus, communications officer with the Regional District of North Okanagan (RDNO), told The Morning Star the RDNO has a responsibility to protect local drinking water and review potential threats to it.
However, she said the regional district is not the approving authority for sewage systems and therefore isn't responsible for approving VegPro's proposed septic system.
She said the RDNO is looking for either Interior Health or the Ministry of Environment to take responsibility for the septic system.
"In the alternative, the RDNO is looking to see changes to the project to address the concerns identified in the third-party investigations prior to the issuance of approval for water to ensure there is no threat to our water supply," Raftus said.
Blais said Interior Health visited the site following the concerns raised by the RDNO, "to make sure that what we do is indeed according to the plan and the permits that we received."
The VegPro executive said Interior Health is the regulator that has approved the septic system.
However, Interior Health says otherwise, claiming it is not responsible for approving the septic system and has not given such approval.
Jamie Shinkewski, communications consultant for Interior Health, said even though the health authority is responsible for investigating and reviewing septic systems that may have potential impacts on water quality, it's not up to IH to approve such projects.
Shinkewski said Interior Health received a plan from Vegpro for the septic system on Jan. 15, and the health authority is sending an environmental health officer to review the project for any health-related concerns, including potential impacts to drinking water.
"We play a role but we don't approve it," Shinkewski said.
Meanwhile, the Ministry of Environment echoed the RDNO and Interior Health in saying it is not responsible for approving the septic system. The ministry said it regulates larger wastewater systems (ones that handle more than 22.7 cubic metres of wastewater per day), but said health authorities such as Interior Health are responsible for smaller systems under the Sewage System Regulation.
"Under this regulation only qualified persons may construct on-site sewage systems," a spokesperson for the Ministry said. "Under the province’s Sewerage System Regulation, qualified professionals need to submit plans and a certification letter to the local health authority in order for the projects to move forward."
But if health authorities are "responsible" for smaller septic systems and plans must go through them for projects to move ahead, and yet the health authority isn't responsible for approving them as Interior Health says, who is actually in the position of authority when a sewage system may threaten drinking water?
Shinkewski said according to provincial legislation for sewage, it is up to the owner of a parcel on which a sewer system is being built (in this case VegPro) to ensure the sewage does not cause a health hazard.
This legislation appears to put the onus on property owners to hire third-party consultants to make sure the sewer systems they're installing won't be harmful, but it raises another question: is there a lack of oversight when the responsibility is in the property owners' hands, and neither the health authority or the Ministry have an onus to approve the project or not?
Coldstream calls for oversight from Ministry
As it happens, the District of Coldstream recently called for more oversight from the Ministry with regards to septic systems.
At its Jan. 27 meeting, Coldstream council approved a resolution to the Southern Interior Local Government Association (SILGA) that as part of the sewage system permit process, the Ministry of Environment should be required to review all permit applications for onsite sewerage systems when there is more than one system to be installed on a parcel of land, or where the sewerage system is proposed to be close to a water source (as in the VegPro case).
Coldstream Mayor Ruth Hoyte told The Morning Star that the resolution was not triggered by the VegPro project — she said the district views the company as a good corporate citizen — but acknowledged the RDNO's concerns regarding the proximity of the septic system to Coldstream Creek.
Hoyte said the resolution was borne out of a desire to have oversight for Coldstream Creek as a whole, rather than just the portion surrounding VegPro.
"Rather than Interior Health and the Ministry looking at specific projects, the entire creek needs to be looked at," she said. "That's where the SILGA government has to have a look at this."
Hoyte acknowledged the apparent gap in the regulatory system regarding the VegPro project and others, and wonders who is responsible for signing off on such projects if not the District of Coldstream, Interior Health or the Ministry.
Hoyte said any potential housing developments need to have oversight when it comes to drinking water quality.
“I want every single person when it comes to water quality… to put water in their tea pot and know it’s safe to drink."