• Robert Pulsford v. Environmental Health Officer

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    Decision Date: September 29, 1995

    Panel: Bob Radloff

    Mr. Pulsford owns property in the Comox District. He applied and received two permits to construct sewage disposal systems but did not construct them and each permit expired. He then began construction in September 1992 but was forced to re-apply for sewage disposal permits, and did so in October 1992 and December 1994. The site experienced high water tables which exceeded Health Act minimum requirements. The Environmental Health Officer rejected Mr. PulsfordÂ’s application due to the lack of 18 inches of natural soil and the risk of break-out both of which are set by policy.

    The Board upheld the Environmental Health OfficerÂ’s decision by finding that sufficient soil did not exist on the property. Although the Board noted that the 18 inch requirement is only a guideline, the circumstances of heavy rainfall and the small size of the lot were reasons to abide by the policy. The Board recommended that the Appellant retain an engineer to design an effective disposal system for the site.