Decision Date: August 6, 1996

Panel: Carol Martin

Keywords: Sewage Disposal Regulation – s. 2, 7 and schedule 2, s. 16; Ministry of Health Policy – s. 4 and 6

This is an appeal by Harry Hillis of a permit refusal by Environmental Health Officer (“EHO”) denying permission for an on-site sewage disposal system on the quarter-acre lot. The proposed disposal field had a 38 to 40-degree slope. The application was refused because of the excessive slope, lack of an alternative field, downslope breakout potential, limited receiving area and lot size. Mr. Hillis appealed on the grounds that the EHO had discretion to approve the permit and to consider an alternative system for an existing lot.

The Board held that the EHO’s discretion is subject to the EHO being satisfied that there is no risk to public health . The Board found that the EHO could not have been satisfied on the facts of the case especially regarding long-term concerns for public health. The Board also held that there is no requirement to approve an alternative system or to approve a system for an existing lot. The Board noted that Mr. Hillis can reapply with a proposal that addresses EHO’s concerns. The appeal was dismissed.