• Mark Burgert v. Environmental Health Officer

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    Decision Date: November 7, 2001

    Panel: Alan Andison

    Keywords: Health Act – ss. 8(4); Sewage Disposal Regulation – ss. 2(2) 3, 7(2), definition of “health hazard”; conventional septic tank system; repair

    The Appellant appealed the decision of the Environmental Health Officer (the “EHO”) refusing to issue a permit to repair a conventional septic tank system constructed prior to 1985.

    The Board considered whether the Appellant’s existing sewage disposal system when repaired according to the permit application would not constitute a health hazard as required by section 7(2) of the Sewage Disposal Regulation.

    The Board found that the existing septic tank had allowed solid waste to leak into the distribution box and pipe, and that the existing sewage disposal field had at least once become saturated to the point of causing effluent to pool upon the ground. The repaired sewage disposal system described in the application would continue to use both the existing septic tank and between 25% and 50% of the existing disposal field.

    Therefore, the Board found that the sewage disposal system when repaired according to the application could, on a balance of probabilities, constitute a health hazard. Accordingly, the appeal was dismissed.