• Norm and Sharie Hutton v. Environmental Health Officer

    Decision Date:
    1996-02-26
    File Numbers:
    Decision Numbers:
    95/21
    Third Party:
    Disposition:
    APPEAL DISMISSED

    Summary

    Decision Date: February 26, 1996

    Panel: David Brown

    The Appellants wished to build on their property and applied for a permit to install an on-site sewage disposal system utilizing a conventional septic field. The Environmental Health Officer rejected the application, on the grounds that the property’s groundwater table was only 8 to 12 inches from the surface. It is Ministry of Health policy to only consider approvals subject to fill on properties of the Huttons’ size where there is a minimum of 18 inches of soil above the water table. The Huttons appealed. The appeal was dismissed. The property did not meet the current regulations under the Health Act and was not of sufficient size to accommodate commonly used alternate systems. There was evidence that Ministry of Transportation and Highways ditching was a possible cause of the high water table on their property and the Board recommended that the Appellants bring this to that Ministry’s attention.