Decision Date: June 7, 2001

Panel: Alan Andison

Keywords: Health Act – s. 8(4); Sewage Disposal Regulation –s. 3, 7(2); jurisdiction; sewage system permitting procedure; rejection report; ruling.

The Environmental Health Officer (“EHO”) made an application to the Board requesting that it consider whether it had jurisdiction to hear Mr. Burgert’s appeal.

Mr. Burgert filed an appeal against the February 14, 2001 letter of the EHO regarding the issuance of a permit to repair a conventional septic tank sewage disposal system for his property. The letter described the constraints on the site chosen for the disposal field, and provided Mr. Burgert with suggestions for several alternatives.

The Board found that the letter constituted a rejection of the permit application and, therefore, the Board had jurisdiction to hear the appeal.