The applicant sought leave to appeal an Amended Environmental Compliance Approval (ECA) issued for a sewage treatment plant discharging into the Winnipeg River.
The applicant argued that updated water quality baseline studies and tertiary treatment were required.
The Environmental Review Tribunal found that while the applicant had the right to seek leave to appeal under s. 38 of the Environmental Bill of Rights, he failed to meet the test for leave under s. 41.
The Tribunal accepted expert evidence that the effluent limits were protective of the river and concluded the applicant did not demonstrate that no reasonable person could have issued the ECA.
The application for leave to appeal was dismissed.