September 2005 BCGWA Newsletter This Newsletter is published quarterly, March, June, September and December by the B.C. Ground Water Association. For more information please contact: Executive Secretary, Joan Perry, 1708 – 197 A Street, Langley, B. C. V2Z 1K2. Phone or Fax: 604-530-8934. BCGWA e.mail address: secretary.bcgwa@shaw.ca President’s Address Summer is coming to a close and it seems that it just arrived last week! Where does the time go? I hope everyone managed to take some much needed time off from their busy work schedule and spend it with friends and family. I managed to holiday with my Sister’s family on Okanagan Lake and then worked in a fishing trip to Bamfield with my father and a few friends. I thoroughly enjoyed myself on both occasions. I’ve found, as I get older that my priorities have shifted somewhat from running a business first and catching up with friends and family later, to the other way around. I think that with the passing of so many friends and business colleagues in recent years that I have realized that we humans are not as indestructible as we like to think. When I think about the crazy antics that I did in my earlier years to the friends and family that I’ve lost along the way, who had no control over their mortality, I have to give my head a shake. How lucky have I been to tempt fate and still be here intact. I’ve come to realize life is for living and should not take a backseat to the pursuit of making money. There should be a balance. At George Walls’ memorial service I got the opportunity to speak and listen to many people who genuinely loved and cared for George. There were many people I had not seen for years and it was a testament o George’s irrepressible personality that so many people came out to celebrate his life. There were many funny stories told about that “crazy German” that brought a smile and chuckle to everyone’s face but that didn’t cover up the fact that everyone liked, loved, respected and will miss the man. I know in speaking to Larry Field and John L’Henaff that a good friend and business associate will be sorely missed. On more mundane matters, I am asking every well driller and pump installer to get their registration papers in as soon as possible. Do not wait until the November 1st deadline as registration is from the date of approval, which can be weeks after you have applied! Mike Wei has informed me that people trying to register in October may not make the deadline. I know there is a lot of confusion about it. If anyone needs help or clarification, please contact Joan or myself via email and reference “registration” as your email subject. I will help you as soon as possible. We are planning on having our annual general meeting and elections at the new casino and conference center in Langley in March. This will be a very important meeting with lots of valuable seminars. Show your support for your association and make every attempt to attend. I know everyone is very busy but I would like to ask members if they would like to volunteer their time to start a few committees pertaining to education and Implementation of new regulations and updating guidelines. We would also like to follow up on Bruce Wilson’s suggestion of involving other organizations such as the Small Water Systems and Coastal Water Systems, to create a liaison officer or committee to work with these other organization in sharing information and developing a more integrated program. Please let me know if anyone is interested. Have a safe and prosperous year and don’t forget to stay in touch. Best Regards, Dave Mellis BCGWA President ****** George Wall, Friend George Wall passed away on June 22, 2005 in an accident near Logan Lake. A memorial service was held at the Aldergrove Legion Hall on July 18. George is survived by his son Wade (Deb) and daughter Melody, also his brother Frank, 2 sisters and 6 grandchildren. George started work for Pacific Water Wells in the early 1970’s and over the years has worked with many people in the drilling industry and on various projects. George was a gentleman. He was very polite and courteous and always had a smile on his face. George was one of those fellows that was as honest as the day is long. He will be deeply missed by all who knew him. If you wish, please make a donation in George’s memory to either The Children’s Miracle Network, Canadian Cancer Society or the Heart and Stroke Foundation. ****** Walkerton Centre The Ministry of the Environment officially opened the Walkerton Clean Water Centre on May 31, 2005. Located in Walkerton, Ontario the Centre will coordinate and deliver training for owners and operators of drinking water systems across the province. By ensuring that training is available and accessible to those who operate drinking water systems, particularly those in small and remote communities, the Centre will play a key role in keeping Ontario’s drinking water safe. The Centre was established by the Ontario government as one of the steps it took to fulfill the recommendations of the public inquiry initiated after the Walkerton tragedy in May 2000. In addition to training, the Centre will offer advisory support to owners and operators of drinking water systems and provide education and information about technical, scientific and regulatory matters related to drinking water. The Centre will also demonstrate leading-edge drinking water treatment technology. Canadian Water Quality Association ****** CanWell 2006 Are you planning to attend CanWell 2006 in Canada’s smallest province of Prince Edward Island from May 17th – 20th? CanWell is the biennial Canadian groundwater industry convention and conference which gathers professionals from the groundwater industry from this and other nations. This event will combine a two-day trade show, an outdoor demonstration and several technical presentations given by experts in the industry. Enjoy the golf tournament, good old down-east entertainment and of course a delicious lobster dinner. ****** An Introduction to GPS For many people, Global Positioning Systems or GPS is a new technology they know will allow one to track his position anywhere on the planet. The tracking system was conceived in 1960 and implemented in 1974 as a military technology to increase the accuracy of Intercontinental ballistic missiles; GPS has now made its way into civilian use. The concept of GPS is simple but the process is complex. Fortunately the GPS unit does all the complex work for us however we still need to know its principals and limitations. As previously mentioned the US military developed the program and originally called it Navstar. The cost of the project was over $10 billion dollars and once all the branches of the military were on board the system became fully operational in 1995. The concept was to surround the Earth with a number of satellites, between 24-29, so that at any one time there would be a minimum of four satellites above you to determine your position on the Earth. It’s like measuring your position in your yard from your property lines, much like a surveyor would do. The more measurements you take, the more accurate your position can be determined and an additional measurement is your elevation above sea level. Your GPS unit is actually a receiver. It picks up a time signal from the very accurate atomic clocks inside the satellites and converts these signals into your position on the Earth. The process is called Triangulation. In fact, there are two signals, which are beamed by these satellites: P code (Precise acquisition) and Ca code (Coarse acquisition). Ca code is the signal the civilian GPS units use to determine their position. This code is updated every millisecond and gives an accuracy of about 15 meters. The military GPS units also use the P code signal, which has a higher degree of accuracy and will usually be accurate to within 1 meter. In North America it was felt that accuracy better than 15 meters was needed for commercial airlines and so rather than give them access to military P code a ground control segment of the signal was added called Wise Area Augmentation System or WAAS. This basically uses a collection of ground stations to refine the margin of error in the satellite signals to give us greater accuracy. GPS units that are WAAS equipped will typically have an accuracy of about 3 meters. You should check if your unit is WAAS capable. Most new units are. It should also be mentioned that WAAS is only available in Continental USA and Alaska. We have coverage in most of BC except the far North East corner because of our proximity to Washington and Alaska. The use of GPS units is becoming more commonplace every day. They are used by freight companies to track your cargo, automobile manufacturers are incorporating them in their vehicles to give directions to drivers and soon every cell phone will have a receiver to determine your whereabouts on the planet! We in the water industry will be required in the future to determine where we have drilled wells in order to locate them in the future. So every well driller and every pump installer will carry a GPS unit as part of their tools to accurately locate the well. Future articles will explain how to use a GPS unit and look for a seminar on the subject at the next annual general meeting. Dave Mellis ****** Coming Events September 23, 2005 Ground Water Protection Workshop Langley Trade & Convention Centre 20392 Fraser Highway Langley, B. C. Ph/Fax: 604-530-8934 This workshop is the 5th and final workshop that will be held regarding the Ground Water Protection Regulations. If you are from another region and missed the workshop in your area, you are welcome to attend this one. Please call the office for a registration form. September 28 & 29, 2005 Union of BC Municipalities Tradeshow Vancouver, B. C. Ph: 604-730-0535 March 2-4, 2006 B. C. Ground Water Association Convention & Trade Show, Langley, B. C. Ph/Fax: 604-530-8934 Email: secretary.bcgwa@shaw.ca May 17-20, 2006 CanWell 2006 Convention Charlottetown, Prince Edward Island Membership Changes New Members: Camfield Drilling Services Ltd. 1280-4th Avenue S Lethbridge, Alberta T1J 0R2 Rep: Garfield Bland Email: Garfield@camdril.com Ph: 403-328-7059 Fax: 403-320-5177 Cascade Drilling Ltd. Box 306, Station A Kelowna, B. C. V1Y 7N8 Rep: John Watts Email: cascade@silk.net Ph/Fax: 250-767-6633 Rigs: 3 A.R. D.A. Smithson & Sons Ltd. 3300 Happy Valley Road Victoria, B. C. V9C 2W4 Rep: Randall Smithson Ph: 250-478-6937 Fax: 250-478-6932 M&S: Emco Ltd. Box 2107 Salmon Arm, B. C. V1E 4M1 Rep: Marc DeChamplain Ph: 250-832-7053 Fax: 250-832-5539 Direct line: 250-832-5247 Cell: 250-804-7929 Toll free: 1-888-210-7867 North American Pipe & Steel Ltd. Email: mintonf@napsteel.com Associate Members: Jeff Nyman Seacor Environmental Inc. #6-40 Cadillac Avenue Victoria, B. C. V8Z 1T2 Ph: 250-370-1165 ****** Guy Rohne Remembered The Manitoba Water Well Association regrets having to inform you of the passing of a fellow member. Ronald (Guy) Rohne passed away on August 6, 2005 at the age of 61. Guy lived most of his life in Inwood, Manitoba. In 1974 he took over the family business, Interlake Water Supply and for the past 31 years continued to service the Interlake and surrounding communities. Guy was an active member of the Manitoba Water Well Association and was a director of the Canadian Ground Water Association for many years. All of those who knew him and worked with him in the CGWA will miss him. ****** A Job Well Done! Fernwood taps into its heritage in an effort to provide water for residents the old-fashioned way. Eighty-five-year-old Ron Welch, an expert dowser and driller, works to re-establish Fernwood’s public well near the site of the original well at Spring Road and Pembroke Street. It’s slated to start up in the fall. In 1866, Queen Victoria gave Fernwood the right to dig a public well and this weekend the neighbourhood took her up on that offer. Drilling for the well started Saturday behind the Fernwood community center, near the site of the original well that supplied Victoria with water in the community’s early years. “It’s really an historically significant moment for the community,” said Carol Sokoloff, who was putting together a walking tour of the community when she learned about the original well, near the corner of Spring Road and Pembroke Street. It was filled in by the city about 50 years ago after problems with vandalism. The Union of Proclamation of 1866, which joined Vancouver Island to British Columbia, parceled up the land in the area, “except one well set aside for public use.” As well as being historically significant, organizers say it will also give residents some of the best water available. Eighty-five-year-old Ron Welch spent Saturday and Sunday drilling the well and can attest to how great the water is. Welch uses the two wells at his nearby Grant Street home to water some of the 150 tomato plants he grows in his yard. He says the plants he waters from the well are much taller than the ones given city water. He’s had the water tested and it has always come back clean. Besides supplying great tasting water, Welch said wells also educate people about where water comes from. His grandson asked for a cup of water, and when Welch started pumping he exclaimed,” Grandpa, you’re pumping it out of the dirt.” Welch has drilled 17 wells for private use in the neighbourhood in the five years since he got the gas-powered machine to drill them. A permit isn’t needed to drill a private well, Welch said. Welch, who worked for many years as a geologist has been around water all his life. As a kid growing up on the Prairies, Welch learned the art of dowsing from his father and grandfather. By using different types of metal rods, he is able to tell where water runs close to the surface. Before drilling a well, he dowses the area to find out where the water is. In all the wells he’s drilled in the area, none has come up dry. On the weekend he had no problem hitting water – he found that at 13 feet, but the rocks just past that were making things a little more difficult. Neighborhood resident Bobby Abbess can’t wait until the pump is in place so he can start filling jugs for his own family to drink. “This water is much better quality,” he said. But residents still face a bit of a wait. Once the drilling is finished, the well will be capped and the water quality tested to make sure it is safe to drink. Joanne Murray, president of the Fern wood Community Association, said that by September or October there will be a hand pump in place and the well will be open to the public. She said the community is proud of the role it played, providing the first water to the area, including Fort Victoria. Their research has dug up all sorts of historical references to the well and the community is glad to have it back. “It’s been talked about for 15 years,” she said. The well project has a budget of $7,000, half of which was provided as a grant from the city. The rest came from business support and the community association. Debra Brash, Times Colonist (Victoria) 2005 ****** Reduce your risks for back pain Chances are that you work with someone who has hurt his or her back on the job. Subjected to greater stress than any other part of the body, the low back is susceptible to pain at work. In fact, 25 percent of all WCB claims are back related. Your spine is one of the strongest parts of your body, so why, you may ask, do so many people have back pain? Good question. And the answer is quite simple, really. Most back pain comes from the working parts of your back – the muscles, ligaments, and small joints. Your spine is simply not moving and working, as it should! When you put your back in a position that does not follow the spin’s natural curves, the back has to work harder to do the same job; muscles fatigue faster. The result can be a sore or painful back, sometimes for days or even weeks. There are several risk factors that can lead to back pain. Consider these common risk factors for back pain. Do they apply to you? Risk 1: Lifting loads and repetitive handling Lifting even light loads can cause back pain. To protect your back, always consider your own strength and limitations before lifting anything, and always avoid forward bending, twisting, and extreme side bending. For heavy loads, share the weight with a co-worker or get mechanical assistance. If you decide to lift a load, follow these instructions: - Place your feet apart for good balance - Bend your knees to reach the load – don’t bend forward from the waist - If practical, use a two-handed grip to hold the object - Hold the object as close to your body as possible - Lift smoothly and slowly, maintaining a straight back with your head up Repetitive lifting and handling adds another level of risk to the job. In this case, be sure to turn your body by moving or pivoting your feet, rather than twisting your back, as you progress from one load to the next. Risk 2: Standing in one place for a long time Your standing posture, especially when it’s held for long periods of time, can determine whether you maintain a healthy back or a painful back. Practice good posture by keeping your body straight and vertically aligned from the top of your head to the bottom of your feet. You should also use the following techniques to minimize your risk for back pain: - Walk around from time to time - Raise and rest one foot on a block about 15 to 29 cm high - Crouch periodically to relax your back - If you have been bending forward, stretch and bend backwards Risk 3: Incorrect body posture while sitting It may not look strenuous, but poor posture while sitting is a source of back pain for many workers. To sit correctly, the pelvis should be in a neutral position. The chair should support the spine along its natural curves, so the muscles can relax, and the feet should be supported. The following are useful tips to minimize your risk for back pain from sitting: - Use an adjustable chair with a five-caster base - Position the height of your seat to place your knees level with or slightly higher than your hips - Raise your computer screen so that your eyes are level with the top line - Adjust your chair so that the small of your back is supported - Stand up regularly (at least every 45 minutes) and walk around or change position Worksafe Magazine-June 2005 ****** Regional Meetings At the last Annual General Meeting held in Penticton on March 5, 2005 the importance of regional meetings was discussed. These regional meetings play a very important role as a communication vehicle between BCGWA members and the Ground Water Advisory Board. This communication is especially important while Phase 2 and 3 of the new water regulations are being written. An amendment was made to the By-laws of the British Columbia Ground Water Association and it states as follows: “It is the responsibility of the Director for each of the geographic regions to hold at least one annual regional meeting within 14 days of notice of such a meeting, to discuss regional issues. Within 30 days of such a meeting, the Regional Director shall provide the Association’s Executive Secretary with a written report.” This motion was moved by Bruce Ingimundson and seconded by Mike Lamont. October or November may be a good time for the Regional Directors to set up a meeting in their own area. Meeting space is paid for by the BCGWA and if any Director needs help with the set up, please call the office. ****** Golf Factoids – Pertinent and Otherwise It’s likely we’re all aware that August is National Water Quality Month, water quality being something water professionals regard with the uppermost esteem. August also happens to be National Golf Month, golf being something that many of our friends in the industry embrace with a zeal that puts a hard-charging, muscular shoulder to the boundaries of what reasonable people would consider the outer limits of sanity. Whether or not you like to chase the little white balls, we offer these tidbits of knowledge to boost your golfing acumen so you can keep up with the hard-core linksters at the 19th hole. - There are more than 17,000 golf courses in the United States. - The amount of money spent on golf-related activities annually in the United States is $22.2 billion. - Golf balls represent a $600 million market - The average cost to play a round of golf - $34.00 - The ball astronaut Alan Shepard hit on the moon went some 800 yards. - There are 25 million golfers age 18 and over in the United States - The first golf balls - in mid-1500s Scotland – were wood. Then came the featherie, which was a leather pouch stuffed with wet feathers; after the feathers expanded and the leather shrunk, the featheries were as hard as today’s balls. - The dimpled ball was introduced in 1908 in England. - Cork, lead, mercury and ball bearings all were experimented with in the early 1900s. - Juneau is the only capital city in the United States without a regulation golf course. Alaska has 21 golf courses. - Americans play 550 million rounds of golf annually - Golf balls weigh no more than 1.62 ounces and are no bigger than 1.68 inches. - The longest hole-in-one shot went 447 yards – by Robert Mitera in 1965. The Laws of Golf Law 1: No matter how bad your last shot was, the worst is yet to come. This law does not expire on the 18th hole, as it has the supernatural tendency to extend over the course of a tournament, a summer and, eventually, a lifetime. Law 2: Your best round of golf will be followed almost immediately by your worst round ever. The probability of the latter increases with the number of people you tell about the former. Law 3: Brand new golf balls are water-magnetic. Though this cannot be proven in the lab, it is a known fact that the more expensive the golf ball, the greater its attraction to water. Law 4: The higher a golfer’s handicap, the more qualified he deems himself as an instructor. L aw 5: Every par-three hole in the world has a secret desire to humiliate golfers. The shorter the hole, the greater its desire. Law 6: Topping a 3-iron is the most painful torture known to man. Law 7: Palm trees eat golf balls. Law 8: Golf carts always will run out of juice at the farthest point from the clubhouse. Law 9: A golfer hitting into your group will always be bigger than anyone in your group. Likewise, a group you accidentally hit into will consist of a football player, a professional wrestler, a convicted murderer and an IRS agent – or some similar combination. Law 10: All of your 3-woods are demon-possessed. Law 11: Golf should be given up at least twice per month. Law: 12: All vows taken on a golf course shall be valid only until the sunset. National Driller, August 2005 ****** Advertising prices ¼ page ad - $25.00 ½ page ad - $45.00 full page ad - $90.00 ****** Job Opening Job Title: Senior Hydrogeologist Location: Nanaimo, British Columbia Job Description: EBA currently has an opening for a Senior Hydrogeologist in our Nanaimo office. This is an exciting opportunity to be part of a premier consulting company, working in a well established and growing office located on beautiful Vancouver Island. EBA has over 20 hydrologists throughout the company and we are looking for a senior hydrogeologist to join our team. In addition to the technical and project related work, the successful candidate will be responsible for the coordination of our hydrogeology group, business development, and will participate in strategic planning for the Vancouver Island operations. Projects will primarily be on Vancouver Island with the opportunity to participate in projects for other regions as applicable. Qualifications: The successful candidate will be a dynamic person with a minimum of 10 to 15 years of experience in groundwater resources and contaminant hydrogeology. Extensive experience in groundwater supply and groundwater protection is essential. In addition to being able to work effectively in a dynamic work environment, candidates must possess excellent verbal and written communication skills. A graduate degree is preferred, and candidates must have, or be eligible for immediate registration as a P.Geo. or P.Eng. Contact Information: Make application to: EBA Engineering Consultants Ltd. 1 - 4376 Boban Drive, Nanaimo, BC. Canada V9T 6A7 Attention: Jerry Schmidt, P.Eng. E: careers@eba.ca This is an immediate opening, with applications being accepted until a suitable candidate is found. The Ground Water Protection Regulation Comes Into Full Effect November 1, 2005 In this article – the last before November 1, 2005 – we’d like to communicate: 1) some major changes that are going on with the Ministry and 2) remind readers that the Ground Water Protection Regulation (GWPR) comes into full effect on November 1, 2005. Firstly, the Ministry of Water, Land and Air Protection has been re-organized into the Ministry of Environment. We hope to provide more details of our Ministry re-organization in the next newsletter. Secondly, on November 1, 2005, the remaining part of the GWPR related to standards for wells come into effect. Specifically, there are standards for: · Installing surface seals for new wells · Attaching well identification plates on new wells · Capping or covering new (and existing) wells · Floodproofing new community wells · Protection of the wellhead for new wells (e.g., adequate stick-up, grading around the wellhead) · Deactivating or closing wells that will no longer be used All wells constructed or deactivated or closed on or after November 1, 2005 will need to be done in accordance with the standards in the GWPR. The Ground Water Protection Regulation can be downloaded from: http://wlapwww.gov.bc.ca/wat/gws/gws_reg_back/gwpr_oics.pdf. The part of the GWPR related to registration of qualified well drillers and well pump installers (Sections 1 to 6) came into effect last November. As of September 8, 2005, 75 well drillers and 66 well pump installers have been registered with the Ministry. The registries can be downloaded from the Ministry’s Ground Water website: http://wlapwww.gov.bc.ca/wat/gws/index.html. Please note that the provision for registering well drillers and well pump installers under the grand-parenting clause will end next year - by November 1, 2006. Anyone who does not have recognized certification needs to be registered before November 1, 2006. After that, a well driller or well pump installer will need to have recognized certification from the province or from the Canadian Ground Water Association to be eligible for registration. To learn more about the GWPR, attend the Ground Water Protection Regulation Workshop being delivered by the BC Ground Water Association (BCGWA). For upcoming workshops, check the BCGWA website or this newsletter. Over the next 6 months, the BCGWA will be preparing a Handbook for use by well drillers and well pump installers. The Handbook will illustrate the well standards of the GWPR. If you have specific questions about the new well standards coming into effect, contact the technical groundwater staff in your nearest Ministry of Environment regional office (see Table 1). If you have questions about registration, please contact Mike Wei, P. Eng., (250) 356-5062 or Tammy Blair (250) 387-0014 in Victoria. Table 1. List of technical groundwater staff at regional Ministry of Environment offices Lower Mainland Region (office in Surrey)Gwyn Graham, P. Geo. (604) 582-5369Mike Simpson, (604) 582-5205Vancouver Island Region (office in Nanaimo)Brian Epps, (250) 751-3141Sylvia Kenny, (250) 751-3100 (starting in October)Kootenay & Okanagan Regions (offices in Nelson and Penticton)Monty Miedreich, (250) 354-6376 - NelsonDes Anderson, P. Eng., (250) 490-8221 - PentictonThompson & Cariboo Regions (offices in Kamloops and Williams Lake)Kevin Bennett, P. Eng., (250) 371-6319 – KamloopsLaurie Lyons, (250) 371-6200 (starting in October)Omineca - Peace and Skeena Regions (offices in Prince George and Smithers)Currently recruiting staff for the Prince George office to serve the northern regions. Contact: Mike Wei (250) 356-5062 in Victoria. ************************************************************************* Well drillers can now request well identification plates from the Ministry Where can I get well identification plates? Well identification plates can be obtained from the Ground Water Data Technician at (250) 387-0014 or Ground.Web@gov.bc.ca. Well identification plates are also being distributed to well drillers by MOE staff at the regional BCGWA Ground Water Protection Regulation Workshops. There is no charge for the well identification plates. How is the well identification plate number reported to the Ministry? For new wells where well identification plates are required to be attached to the well, the well identification plate number will need to be recorded (in the upper right hand corner) on the well construction report form (i.e., well record) and the completed report form needs to be submitted to the Deputy Comptroller within 90 days after the well completion date (PO Box 9341 Stn Prov Govt, 2975 Jutland Road, Victoria, BC V8W 9Mi). A Well Identification Frequently Asked Question information sheet can be downloaded from: http://wlapwww.gov.bc.ca/wat/gws/index.html. **************************************************************************** Registration of qualified well drillers and well pump installers Well drillers and well pump installers are reminded, if they have not already done so, to submit their applications for registration as qualified well drillers or qualified well pump installers. Applications for registration may be found on the Ministry’s ground water web site at: http://wlapwww.gov.bc.ca/wat/gws/index.html. Public Health Law Staples McDannold Stewart • January 2005 Contamination Setback Upheld By Court Sanitary Regulations Section 42 On November 3, 2004 the B.C. Supreme court handed down its decision in Mortensen v. Nelson giving us the first definitive interpretation of the 100 foot contamination setback established by section 42 of the Sanitary Regulation, B.C. Reg. 142/59. That section was first enacted in 1896 prompting the Trial Judge to comment on “its somewhat quaint and dated language”. Section 42 provides: Distance of wells from possible source of contamination 42 Every well hereafter sunk or dug shall be located at least 100 feet from any probable source of contamination, such as a privy vault, cesspool, manure heap, stable or pigsty, and at least 20 feet from any dwelling house, and at least 400 feet from any cemetery or dumping ground; unless, owing to the physical conformation, contamination of such well be impossible from such cemetery or dumping ground. Any like source of contamination existing within the aforesaid distances from any well now in use shall be removed where possible, or in default the well shall be abandoned and filled up; but this rule shall not apply to wells situated less that 20 feet from a dwelling house, unless other good cause than proximity to such dwelling house can be shown why such well shall be abandoned. The facts in this case are that the Appellant Vigo Mortensen (not the Lord of the Rings actor) drilled a well in the front yard of his property in Fintry, a community located on the shores of Okanagan Lake. Water in the Fintry subdivision was operated by a private utility and Mr. Mortensen did not trust the reliability of the water supply. He claimed he was drilling the well only for irrigation and fire fighting purposes and not for domestic use. The public health inspector received a complaint regarding the drilling of wells and attended to inspect Mr. Mortensen’s property. She found that the well was located 52 feet from the septic field located on Mortensen’s property and 11 feet from his house. She issued an Order under section 63 of the Health Act requiring that the well be abandoned and filled. Mortensen filed an appeal to the B.C. Supreme Court under section 102 of the Health Act which allows the Court on good cause being shown to either vary or rescind the Order made under Section 63. Mortensen advanced three arguments. First, that the public health inspector erred by simply undertaking the measurement to determine whether the well was located within 100 feet of the septic field, rather than making a scientific inquiry to determine whether the septic field was a probable source of contamination. Second, that the well in this case had been so carefully constructed and the site so topographically situated that the septic field could not be a probable source of contamination for this particular well. Third, that the Health Authority was unfairly targeting Mr. Mortensen and using the Order and appeal as a test case. The Trial Judge rejected each of Mortensen’s arguments and dismissed the appeal. He ruled that section 42 of the Sanitary Regulations must be interpreted by applying the modern approach to the interpretation of legislation by looking at the wording, context and ordinary sense of the regulation, harmoniously with the scheme of the regulation and the object and intention of the legislature. Applying that interpretation, the Judge agreed with the Health Authority that section 42 effectively deems certain facilities or operations to be a probable source of contamination thereby requiring the health inspector only to undertake a measurement to determine whether the well is within 100 feet of those facilities rather than undertaking any detailed or site specific inquiry. The Judge held “facilities or operations “such as a privy vault, cesspool, manure heap, stable or pigsty” are, by the section, expressly stated to be a “probable source of contamination”. Indeed, these are statutorily mandated examples of a “probable source of contamination”. Taking this submission further, it is said that a septic tank and field is akin to at least a “cesspool”.” The Judge rejected the first two grounds of appeal and held: In my view [the interpretation argued by the Health Authority], which would effectively deem a septic tank and field to be a “probable source of contamination” for the purpose of locating a well, is to be preferred. I so conclude for essentially four reasons. First, in its entire context and grammatical and ordinary sense, the phrase “… at least 100 feet from any probable source of contamination, such as …” is clearly listing and describing examples of obvious sources of contamination (at least to the draftsman in 1896 or thereabouts). Second, such an interpretation blends “harmoniously with the scheme of the Act, the object of the Act, and the intention of …” the legislature. The purpose of the Health Act is obvious. In part, it is aimed at identifying and interdicting health hazards (see for example the inspection powers in s. 61). The preamble to the Sanitary Regulations in the 1917 iteration continues this self-evident theme: “Whereas it is advisable to provide for the due observance of sanitary laws…”. It seems to me that having a strict, objectively discernible standard for the location of wells in relation to obvious sources of probable contamination serves that scheme. It allows owners and health inspectors to know the rules with certainty. On the appellant’s construction of s. 42, the health inspector would become engaged in a site-by-site debate with landowners as to whether their particular wells are threatened with probable contamination by their particular septic tanks and fields. That seems to invite administrative chaos in the application of s. 42 in the field. Third, such an interpretation is driven by what the rest of s. 42 provides. The section goes on to prohibit the location of a well within 400 feet of any cemetery or dumping ground “unless, owing to the physical conformation, contamination of such well be impossible from such cemetery or dumping ground”. That creates room for the landowner to argue the issue of “probable contamination” in the case of a cemetery or dumping ground. The absence of such a proviso in the case of the first list of facilities and operations, tells against any such site-by-site inquiry in the case of their presence within 100 feet of a well. Finally, I am told that for as many as 100 years, this regulation has been enforced such that wells have been considered automatically prohibited within 100 feet of “probable sources of contamination” such as cesspools and the like. I do not say that 100 years of faulty interpretation of a sanitary regulation can trump its correct interpretation. I do say, however, that history should give the court pause before it abandons an interpretation of the regulation which has so long obtained in the field. It follows that the health inspector, in my view, had no discretion to exercise on the issue of “probable contamination” once it was shown that the well in question is within 100 feet of the septic tank and field. Her order followed this determination. In the words of my appellate jurisdiction, in such circumstances, no “good cause” can be shown to vary or rescind the order made. The Judge rejected the third ground of appeal by stating: I should finally address the appellant’s complaint that he is being unfairly pursued by the Health Authority as a test case. The evidence does not bear that out. Here, the inspector acted on a complaint as she was bound to do and no person can say that a regulation cannot be enforced against him because there are other guilty parties in the community who remain untouched: City of Toronto v. Polai, [1973] S.C.R. 38. This case is significant as it upholds the ability of public health inspectors to simply undertake the measurement between the facility or operation and the well for those types of facilities and operations that are specifically listed in the first part of section 42. The case may be problematic if it requires a specific onsite investigation for facilities and operations that are not specifically listed in the first part of the regulation. While the case did not finally determine that particular issue it is likely that property owners will argue that interpretation on future appeals. Guy McDannold Staples McDannold Stewart Barristers & Solicitors 2nd Floor, 837 Burdett Avenue, Victoria, BC V8W 1B3 Phone: (250) 380-7744 • Fax: (250) 380-3008 logolaw@sms.bc.ca www.sms.bc.ca Key things to do: In the next few months, key “to do’s” for well drillers and well pump installers are: Apply for registration if you meet the requirements Become familiar with the ground water provisions in the Water Act and Ground Water Protection Regulation Participate in the BCGWA Ground Water Protection Regulation Workshop in a community near you Request a supply of well identification plates from MOE Beginning November 1, 2005, construct wells, install pumps and deactivate or close wells in accordance with the Ground Water Protection Regulation Communicate your information needs to the Ministry of Environment.