Decision Date: July 16, 2002

Panel: Don Cummings

Keywords: Sewage Disposal Regulation – ss. 3(1), 3(3), 6(b), 7(1)(b), Schedule 3 ss. 18(d), 18(f); reserve absorption field; breakout; conventional package treatment plant system

The Appellants each appealed the decision of the Environmental Health Officer to issue a permit to construct a sewage disposal system.

The Board considered several issues in determining whether the proposed sewage disposal system would protect public health.

The Board found that a reserve field was not required for the proposed system.

The Board found that there was nothing in the Health Act or the Sewage Disposal Regulation that prevents the Third Party from developing its property in stages and constructing several separate systems.

The Board also found that effluent would not breakout from the system and impact the public health and local shellfish.

In addition, the Board found that an engineer’s report, submitted by the Third Party, adequately addressed the public health issues associated with the proposed system.

Finally, the Board found that, while previous permits can serve as a guide when reviewing future applications, the Environmental Health Officer’s discretion to apply conditions to a permit must be based on the particular application. The Board concluded, therefore, that it would be inappropriate to simply apply previous permit conditions to the present permit.

The appeal was dismissed.