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April 16, 2025 - 7:00 PM
A South Okanagan developer has lost an appeal after being fined almost $200,000 for a faulty sewage system.
According to an April 10 BC Environmental Appeal Board decision, developer John Aantjes and his firm Vintage Views Developments were fined $197,500 for numerous infractions of his sewage system between 2020 and 2022.
However, Aantjes appealed the fine and requested an oral hearing.
Aantjes argued the Appeal Board should help him subpoena witnesses who otherwise wouldn't cooperate and provided a list of names.
The developer argued the Environment Appeal Board had been biased in its handling of the appeal, although didn't give any details as to why.
The development sits between Penticton and Okanagan Falls on the east side of Skaha Lake and had a privately-owned sewage system since the housing first went up roughly 20 years ago.
The decision didn't say what environmental infractions Aantjes was fined for, but 2023 Ministry of Environment documents showed the fines were for failures to meet sewage standards set by the province dating back numerous years.
In 2019, sewage flooded onto a residential street.
That same year, the province put a stop to any new homes connecting to the system.
In 2022, Aantjes wa fined $20,000 which he paid.
In his appeal, Aantjes argued he needed to subpoena witnesses to be questioned to establish evidence for the appeal.
The decision said he reiterates his request for an oral hearing and said he had concerns about bias and prejudgement in the appeal process. He also submitted that discussions over a settlement should take place.
The Ministry argued that Aantjes had made "sweeping allegations" that were irrelevant to the appeal, promised action that "never occurs" and "engaged in a pattern of delay."
The Ministry argued the appeal should be dismissed.
Much of the decision goes into details about the appeal process and delays and the rules surrounding appeals.
"I have found that the (Aantjes) failed to comply with an order of the Board without sufficient justification and, instead, attempt to reargue and re-raise matters already addressed," the Appeal Board ruled.
Ultimately, the Appeal Board dismissed the appeal leaving Aantjes on the hook for $197,500.
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