• Shawn Galbraith v. Environmental Health Officer

    Decision Date:
    2000-09-14
    File Numbers:
    Decision Numbers:
    2000-HEA-011
    Third Party:
    Disposition:
    PANEL UPHOLDS THE DECISION OF TH EHO TO REFUSE A PERMIT, APPEAL DISMISSED

    Summary

    Decision Date: September 14, 2000

    Panel: Don Cummings

    Keywords: Sewage disposal permit; Sewage Disposal Regulation – ss. 3(3), 7(1).

    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.