• Marilyn Van Nuys v. Environmental Health Officer

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    Decision Date: January 22, 1996

    Panel: David Brown

    Ms. Van Nuys applied for a permit for an on-site sewage disposal system on her property. The application was rejected by the Environmental Health Officer on the basis that the groundwater table on the site was too close to the ground surface with the consequent risk that there could be surface movement of effluent in saturated conditions. The Appellant appealed this decision to the Board. The Board dismissed the appeal. The Board noted that if sufficient technical evidence had been presented, it might have been possible to grant the appeal with a number of conditions attached to the permit. However, because the Appellant submitted no technical evidence, the Board found it impossible to make a positive finding that the proposed sewage site would not create a public health hazard. The Board also noted that new regulations had recently been introduced to provide greater flexibility for installing sewage disposal systems on agricultural land such as the Appellant’s and recommended that the Appellant apply under these new regulations.