• Dean Ellis v. Environmental Health Officer

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    Decision Date: January 15, 2001

    Panel: Alan Andison

    Keywords: sewage disposal permit; Sewage Disposal Regulation – s. 7(1); depth of “natural soil”.

    Dean Ellis appealed a decision of the Environmental Health Officer to refuse to issue a permit for a sewage disposal system on a property located on Hornby Island. The Appellant sought an order that a permit be issued to allow the construction of a sewage disposal system. The Appellant had been issued a permit to construct a system with a package treatment plant that used a tertiary treatment process (disinfection), but he wished to install a less expensive package treatment plant.

    The Board accepted the evidence of the Respondent that there was insufficient depth of native undisturbed soil above the water table. The Board found that the excavation of tree roots and other vegetation qualified as soil disturbance as it altered natural soil structure. The Board agreed that on the Appellant’s property a package treatment plant utilizing a tertiary treatment process is necessary to adequately safeguard public health. The Appellant’s evidence that other properties on Hornby Island were given permits for the type of system he wished to install did not convince the Board of any unfairness. Each site must be evaluated on its own merits. The appeal was dismissed.