Can an alternate sewage disposal system be considered for the Lot?
In his decision refusing the permit, the EHO states that an alternate method cannot be considered for this Lot because it lies within an environmental control zone. There is no dispute that the Lot exists within an environmental control zone designated by the Ministry of Health. The Panel notes that section 7 of the Regulation titled “Alternate Methods” allows for a relaxation of certain requirements set out in Schedules 2 and 3. However, the distance to a water body is not one of the requirements that can be relaxed and, in any event, the EHO is correct that subsection 7(3) excludes a sewage disposal system within an environmental control zone from consideration under section 7. The Appellant argues in the alternative that there are other provisions in the Regulation that provide the EHO with flexibility in the approval of systems within environmental control zones. Specifically, he points to section 2(b) of Schedule 4. Schedule 4 sets out the conditions for approval of sewage disposa
