• Ben Van Druten v. Environmental Health Officer

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    Decision Date: January 14, 1997

    Panel: David Perry, Elizabeth Keay, Katherine Hough

    Keywords: Sewage Disposal Regulation – ss. 7(1), Schedule 3 – ss. 11, 18; Land Title Act – s.215; restrictive covenant.

    Mr. Van Druten appealed a decision of the Environmental Health Officer (‘EHO’) denying him a permit to build a sewage disposal system consisting of a package treatment plant, ozonation unit and raised disposal field, on his property. The permit was refused due to a high water table, among other things contravening the Sewage Disposal Regulation. The appellant argued that the permit could be approved under section 7(1) of the Regulation which allows the EHO to relax certain requirements for a problem site if the proposed system will not pose a danger to public health.

    The Board found that Mr. Van Druten’s permit application could be considered under section 7(1) of the Regulation. On the evidence presented, the Board was satisfied that the system proposed by Mr. Van Druten would effectively treat sewage and would not pose a risk to public health. The Board directed the EHO to grant Mr. Van Druten a permit for the proposed sewage disposal system, provided a number of conditions were met. The appeal was allowed.