• Mr. Lumb v. Environmental Health Officer

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    Decision Date: August 17, 1995

    Panel: David Brown

    Mr. Lumb applied for a permit to build an on-site sewage disposal system on a lot. This application was rejected since in the opinion of the Environmental Health Officer, some of the property had less than 4 feet of native porous soil, concern over breakout points, an insufficient area for the septic field and for other reasons. Mr. Lumb appealed.

    The Board noted that Mr. Lumb was proposing an alternative system, which may be approved under the Sewage Disposal Regulations provided public health concerns are met. The Board accepted testimony that there was roughly 5 feet of permeable soil over the relevant area and that the soil had good percolation. It was not, as the Environmental Health Officer had suggested, a Built Up Absorption Field. Any possible breakout point was held to be further than 50 metres from the system.

    The appeal was allowed and a sewage disposal permit issued. However, the Board attached a series of conditions to the permit to further address public health and environmental concerns.