Sewage Disposal Regulation

The Sewage Disposal Regulation:

·           requires that all domestic sewage originating from buildings to be discharged into a public sewer where possible, or that an approved sewage disposal system is used where not;

·          prohibits   building, altering or repairing a sewage disposal system without a permit;

·          sets standards for sewage disposal systems

Permits can be appealed to the Environmental Appeal Board.

The regulation does not apply to sewage disposal systems:

·          regulated by Waste Management Act Municipal Sewage Regulation (generally used for systems built after July 1999 that discharge to surface water, or discharge to the ground at a rate that exceeds 22.7 m³/day),

·          permitted under the Waste Management Act (potentially any system, but generally larger, older systems),  or

·          regulated under a Liquid Waste Management Plan (generally older systems operated by local government; see Local Governments and the Waste Management Act ). 

Standards

The regulations sets detailed standards for traditional septic systems, mechanical sewage treatment systems.  Special standard exist for designated environmental control zones. For small, one home, systems on large properties outside designated environmental control zones it sets less stringent standards (A Code of Good Practice).

Appeals to the Environmental Appeal Board

Any person “aggrieved by the decision” to issue a permit can appeal the decision to the Environmental Appeal Board (EAB).  The EAB has interpreted this provision fairly liberally, and generally individuals or groups with legitimate concerns will be granted standing.  Lawyers are not needed to appeal Waste Management permits, but typically have skills that increase the chances of a successful appeal.  Information on how to appeal Waste Management Act decisions is found at the EAB website.

 

Related Guide Pages:

·          Waste Management Act Municipal Sewage Regulation

·          Local Governments and the Waste Management Act

·          Health Act

For more information on the Sewage Disposal Regulation:

·          Electronic copy of the Health Act Sewage Disposal Regulation

·          The Environmental Appeal Board website, and especially, A Guide to the Effective Presentation of your Case Before the Environmental Appeal Board;  Environmental Appeal Board Procedure Manual; and Filing an Appeal under the Health Act.