George Lepore appealed a decision of the Environmental Health Officer (“EHO”) to refuse to issue a permit to construct a sewage disposal system. Mr. Lepore sought an order for the issuance of a sewage disposal permit on the grounds that the previous EHO was prepared to issue the permit. The Board found that the Environmental Management Act governed the proposed shellfish processing plant, and therefore the matter was beyond the jurisdiction of the EHO and the Board. The appeal was dismissed for lack of jurisdiction. However, the Board held that if it was incorrect on the issue of jurisdiction, it would have confirmed the EHO’s decision to refuse to issue the permit. The Board found that the previous EHO would not have approved the permit, and the current EHO was not bound by the actions of the previous EHO. The Board agreed with the EHO that the proposed system could harm public health and the environment.
