Decision Date: December 1, 2004

Panel: Alan Andison

Keywords:  Sewage Disposal Regulation – ss. 3(1), 3(3)(a), Schedule 3 – s. 5, Appendix 1 of Schedule 2; minimum flow capacity; nursing home; actual water use

Anar Alidina appealed the decision of the Environmental Health Officer (“EHO”) to reject a request to reclassify her sewage disposal system.  The reclassification was required in order to increase the number of beds in her private health care facility from 7 to 10.  In making his decision, the EHO had determined that the facility was equivalent to a “nursing home” for the purposes of determining the minimum flow capacity requirements of the sewage system.

At issue in the appeal was whether the facility should be designated as a “nursing home” for the purposes of calculating the facility’s estimated daily sewage flow as set out under the Sewage Disposal Regulation and, if not, whether the existing system had the technical capacity for a 10-bed facility.

The Board found that the facility was not a “nursing home” because: the Regulations were issued in 1975 and did not take into account new types of health care facilities or new technologies that reduce water consumption; and, the facility is a small, residential operation and not a large institutional one.  The Board next considered the actual output of the facility and, allowing for a 50 percent safety margin, found that the sewage system had the technical capacity to safely accept the effluent from a 10-bed facility, provided that the Appellant complied with certain conditions.
The Board directed the EHO to issue a permit to Ms. Alidina for a 10-bed facility with the conditions that: an ultraviolet light disinfection unit be installed; and a sewage system maintenance contract remains in effect.

Accordingly, the appeal was allowed.