Decision Date: July 13, 1995
Panel: David Perry, Bob Radloff, Elinor Turrill
The Faesslers wished to build a second house on their property and applied for a sewage disposal permit to build a septic tank. The Ministry of Health rejected the application since, in its view, the soil profile, evidence of a previous high water level, and past re-grading all made the site unsuitable for a septic field.
The Board accepted the evidence of the FaesslersÂ’ expert witness, and found that the soil had a relatively low clay content. The Board found that the present high water table was 24 inches below the surface, which was much lower than the required 18 inches. It agreed that there was evidence of historic flooding, but found that this was not indicated by the present high water table. Finally, the Board found that previous disturbance of the site was unlikely to interfere with a septic field. The Board concluded that the site was suitable for a septic sewage disposal system and overturned the Health OfficerÂ’s decision.
