Decision Date: May 2, 1997

Panel: Carol Martin

Keywords: Sewage Disposal Regulation – ss. 2(2), 3(1) to (5) and 7(2), Schedules 1 and 3; Ministry of Health’s Policy for On-site Sewage Disposal; body of non-tidal water; Conditional Exemption Regulation

The Appellants, neighbours of the permit holder, appealed the December 13, 1996 decision of the Environmental Health Officer (“EHO”) to issue a permit for the repair of a malfunctioning sewage disposal system, initially approved in 1974. The existing system services a 72 unit mobile home park. The Appellants submit that the size of the disposal system (in excess of 5000 gallons) brings it within the jurisdiction of the Ministry of Environment, not the Ministry of Health; the disposal area does not conform to the current zoning and municipal bylaws and conflicts with a private covenant; and the EHO failed to follow the Health Act and the Sewage Disposal Regulation.

The Board found that, as the original disposal system was approved by the Ministry of Health, it had jurisdiction to approve the application for repair. The Board held that the EHO is not restricted by local government zoning or internal covenants bearing on a property when considering an application for a sewage disposal system; they are matters for the property owner to address. Finally, the Board found that the EHO correctly applied the requirements of the Act and the Regulation when considering the application. The Board upheld the EHO’s decision but ordered that certain conditions be added to the permit to avoid overloading the system. Appeal dismissed.