• Don Cox and Shirley Cox v. Environmental Health Officer

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    Decision Date: June 26, 2002

    Panel: Joan Young

    Keywords: Sewage Disposal Regulation – ss. 3, 6, 7(1)(b), Schedule 3 ss. 11, 16; soil depth; easement; setback; sewage disposal system permit; innovative system; sand filter.

    The Appellants appealed the decision of the Environmental Health Officer to reject their application for a sewage disposal permit. The Environmental Health Officer rejected the application because of insufficient depth of natural soil above the water table, the need for an easement for interceptor drains already in place, and the need for a 50-foot setback to a nearby retaining wall.

    The Board found that a wet weather assessment was necessary to determine whether the soil on the property met the minimum depth requirement. The Board found that a permit should not be granted until such an assessment could be performed.

    The Board found that the evidence established that the Appellants had no legal authorization for their perimeter drains to drain water over their neighbour’s property. As the perimeter drains are integral to the overall design of the proposed system, the Board found that a permit should not be granted until a legal easement is obtained.

    The Board found that the potential for breakout along a retaining wall was an additional concern. The Board found that a 50-foot setback from the retaining wall is a necessary requirement.

    The appeal was dismissed. The Appellants’ request for costs was denied.