Shawn Galbraith appealed a decision of the Environmental Health Officer (“EHO”) to refuse to issue a permit to construct a sewage disposal system because of a high groundwater level. The Appellant sought an order rescinding the decision of the EHO.
The Board found that the proposed sewage disposal system posed a potential threat to public health, as the high groundwater table and the lack of success experienced with controlling it to date showed that there was a risk of inadequate effluent treatment. The Board agreed that it was appropriate to refuse the permit. The Appeal was dismissed.