Decision Date: April 2, 1997

Panel: Toby Vigod, Sheila Bull and Carol Martin

Keywords: Sewage Disposal Regulation – s.2(2), s.3(3) and (4)(a), s.3.3(2), s.7(1)(a), s.11, s.12, s.13, s.18, Schedule 3; November 1995 Health Unit Sand Mound Guidelines.

Monica and Paul Matsi (the ‘Appellants’) appealed a decision of the Environmental Health Officer (the ‘EHO’) issuing a permit to Mr. Mission for an on-site sewage disposal system based on a sand mound pressure distribution system and a package sewage treatment plant. The Appellants, owners of the adjacent property, appealed on the grounds that the permit incorrectly states that there is city water; the property has failed percolation tests in the past years; there is not 48 inches of dry soil above the water table; there is a concern that effluent breakout may occur and contaminate their well; the existence of the drainage pipe in the plan indicates there is a concern that there will be effluent breakout; the plan does not show a final destination for the drainage pipe, and the Appellants driveway has already been flooded; the permit was not posted until 2 weeks after the permit had been issued.

The Board held that the primary issue for consideration is whether the proposed sewage disposal system complies with the Health Act and the Sewage Disposal Regulation and will safeguard public health. On the evidence presented, the Board was satisfied that the public health will be protected if Mr. Mission’s system is installed as currently designed. The Board found that the Appellants have not been prejudiced by the delay in the posting of the permit, and any failure to post the notice within the specified timeframe has been corrected by the appeal. The Board held that Mr. Mission’s permit should stand, with certain amendments. The appeal was dismissed.