Decision Date: January 21, 1997
Panel: David Perry, Elinor Turrill, Bob Radloff
Keywords: Waste Management Act, Conditional Exemptions Regulation – s.2(1), s.2(2)(a); grandfathering, Waste Management Permit Fee Regulation
Mr. Granberg owns a water supply and sewage disposal system for a trailer park and neighbouring subdivision of over 20 homes. The sewage system predates any applicable legislation. When the system malfunctioned, Mr. Granberg was required to obtain a waste permit and pay a fee of $150. A waste permit was issued to Mr. Granberg containing a number of conditions relating to maximum allowable flows, frequency of pumping, the implementation of water conservation measures, monitoring and data collection. He was also required to post a $50,000 security bond. Mr. Granberg appealed the fee and the permit conditions arguing that his system should be grandfathered (exempted), that the conditions were unreasonable or excessive and the bond was inappropriate.
The Board concluded that there are no provisions in the Waste Management Act nor the regulations to grandfather his system. As Mr. Granbergs water and sewage system provides an essential service for over 80 families and the lot was considered marginal, the Board found that it was necessary for his activities to be properly regulated by the Ministry. The Board held that the permit fee could not be waived and the conditions of the permit were entirely appropriate in the circumstances. The appeal was dismissed.
