• Ken Simons v. Environmental Health Officer

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    Decision Date: May 22, 1997

    Panel: Bob Radloff

    Keywords: Sewage Disposal Regulation s. 7, Schedule 2, s. 18, Schedule 3, s. 14, measurement of setbacks.

    This was an appeal of the November 25, 1996 decision of the Environmental Health Officer refusing to issue a permit to construct a conventional sewage disposal system on the AppellantÂ’s property near Terrace. The site did not meet the requirement of a 30 metre setback from the high water mark of an adjacent creek. The Appellant sought a relaxation of the setback requirement, arguing that the hydrogeology of the site is such that the effluent from the disposal field will not reach the creek in 30 metres. Alternately he argued that an alternate sewage disposal system could be considered on this site.

    The Board held that section 18 provides a minimum mandatory setback requirement and does not authorize any discretionary relaxation of the 30 metre limit. The EHO was correct in this regard. Further, the Board found that the Regulation does not permit relaxation of the 30 metre setback for alternate disposal systems either. In any event, the Board noted that there were other significant constraints in relation to the depth to an impervious layer which would prevent approval of an alternate system. The appeal was dismissed.