Did the EHO err in refusing to issue a permit for a sewage disposal system for the Property?
The EHO rejected the Appellant’s application for a sewage disposal permit because of the high water table in the area and the failure of the system to meet minimum setback distances. Because of the shallow depth of soil and high groundwater table, the Property in question clearly cannot meet the requirements for a “conventional” sewage disposal system as per the B.C. Sewage Disposal Regulation. The application for Lot 5 therefore must be considered under section 7(1), which gives the EHO the discretion to approve an alternate system (with conditions) if the EHO considers that it will safeguard public health. Under section 7(1) the EHO may waive the required 48″ of permeable undisturbed native soil and permit fill to be added to increase the distance of the field tiles above the water table, but only if satisfied that there will be no threat to public health and only if the permit includes conditions which mitigate the shortcomings of the Property. Ministry of Health and local Health Un
