• Dr. Margaret Bilan v. Environmental Health Officer

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    John Isbister, Permit Holder


    Decision Date: November 15, 1996

    Panel: Carol Martin

    Keywords: Sewage Disposal Regulation – ss. 3; 3.2; 3.3; 7; Schedule 2, s. 1; notice requirements; depth to groundwater table; power failure; curing of defect; percolation rate poor

    This is an appeal by Dr. Margaret Bilan from a decision of the Environmental Health Officer (“EHO”) issuing a permit for an alternate on-site sewage disposal system to Mr. Isbister using fill. Dr. Bilan owns a lot adjacent to that of the permit holder. She appealed the issuance of the permit on the grounds that the permit notice was posted incorrectly in so far as it the writing illegible and the sketch of the system was too rough to be useful. Dr. Bilan also maintained that the soil depth to the water table did not meet the four foot requirement and that the possibility of a power failure and resultant pump failure could endanger the public health.

    The Board held that s. 7(1) of the Regulation allows for the relaxing of the four foot rule if public health can be safeguarded. The Board was satisfied that the alternate system, with the conditions set out by the EHO, would pose no risk to public health. The Board found that the notice was hard to read, but was posted in accordance with the Act and Regulation and Dr. Bilan had not been prejudiced by any irregularity or inaccuracy in the posted notice. The Board further found that any lack of clarification in the posting had been corrected by the appeal. The Board held that maximum safeguards should be installed on the system to prevent any disruptions in the event of a power failure and amended the permit to require a high level alarm for this purpose. The appeal was dismissed.