• Pal Horvath v. Environmental Health Officer

    Decision Date:
    1999-03-08
    File Numbers:
    Decision Numbers:
    98-HEA-26
    Third Party:
    Virginia and Eugene Monahan, Permit Holders
    Disposition:
    PANEL UPHOLDS THE DECISION, APPEAL DISMISSED, PERMIT IS VALID FOR ONE YEAR

    Summary

    Decision Date: March 8, 1999

    Panel: Toby Vigod

    Pal Horvath appealed a decision of the Environmental Health Officer (“the EHO”) to issue a permit to construct a sewage disposal system on his neighbours’ property on Quadra Island. Mr. Horvath asked that the sewage disposal system be located at an alternative site, on the grounds that the outflow from the approved system might contaminate his well.

    The Panel refused to assess the suitability of an alternative site for the sewage disposal system, stating that it is not the role of the Board to make determinations or assessments regarding sites that are not the subject of a permit under appeal. The Panel accepted the EHO’s evidence that Mr. Horvath’s well was located more than three times the required 100-foot setback from the disposal field, and found that Mr. Horvath had not successfully shown that the permitted system posed a risk of contamination to his well. The appeal was dismissed.