Mr. Lawrence appealed a decision by the Environmental Health Officer (‘EHO’) refusing to issue a permit for a holding tank on Mr. Lawrence’s property. The permit was refused because no bylaw had been enacted for the area to address regular maintenance of the tank and dumping of its contents in an approved facility. Mr. Lawrence sought an order that a permit be issued on grounds that the proposed system met the requirements of the Health Act and Sewage Disposal Regulation (“the Regulation“).
The Panel held that the EHO was correct in interpreting the Regulation and rejecting the application for public health reasons. The Panel accepted that the Ministry of Health policy states that holding tanks should not be permitted unless there is a local government bylaw regarding safe pumping and disposal of effluent. The Panel found that the proposed holding tank would create a risk of effluent escaping into the nearby lake, given that there is no local authority to ensure regular effluent pumping and disposal. This risk would be compounded if numerous holding tank permits were issued for new developments along the lake. Furthermore, the cost of regular pumping may make it difficult to maintain. Therefore, the Panel upheld the EHO’s decision and dismissed the appeal.
