The owners of a North Shuswap RV resort were unsuccessful at reducing a $37,360 fine for improper treatment of wastewater.
In a June 3, 2025 decision, B.C.'s Environmental Appeal Board dismissed an appeal by a numbered company, representing Cottonwood Cove RV Resort developer Greg Darroch, to vary administrative penalties issued by the Ministry of Environment.
The penalties were issued in March 2024 for contraventions to the Municipal Wastewater Regulation that included 19 instances where Cottonwood Cove, located in Lee Creek by Shuswap Lake, failed to immediately notify the ministry when it failed to meet wastewater discharge limits.
"I find that by failing to notify the Ministry immediately after each exceedance as required, Cottonwood Cove created a risk of harm to the environment or human health and safety, including aquatic life, fishing and recreational users of Shuswap Lake, nearby water well users, and paying guests at the Resort," reads the ministry's March 6 determination. "I find that the nearby lakeshore is within the ResortÏã½¶ÊÓÆµÖ±²¥™s own designated swimming area. I further find that these contraventions interfered, or had the potential to interfere, with the MinistryÏã½¶ÊÓÆµÖ±²¥™s capacity to protect the environment as it had no opportunity to even consider whether it was necessary to order protective measures or inform potentially affected parties."
The states the company did not appeal the findings of the contraventions, but asked to "vary the amounts of the administrative penalties," arguing the ministry's determination "relied on inaccurate information regarding the number of nearby drinking water wells and the proximity of the Effluent Field to Shuswap Lake."
The owners said only four drinking water wells were within 300 metres of the resort's effluent field, not seven as stated by the ministry. Furthermore, the owner said only a small portion (7.4 per cent) of the effluent field is within 60 metres of Shuswap Lake. As such, the owners argued it may be more appropriate to consider the contraventions to be "minor or no risk at all."
In response, the appeal board said the owners had failed to submit evidence explaining why the "seriousness of the contraventionsÏã½¶ÊÓÆµÖ±²¥¦ are changed given this information," and that "the number of wells and distance between the Effluent Field and Shuswap Lake are not sufficient to persuade me that the nature of the contravention should be 'minor' instead of 'moderate'."
"The Appellant has not established, on the balance of probabilities, that the nature of the contraventions, or the real or potential adverse effects of the contraventions are not as found in the Determination," commented the board, which dismissed the appeal.