This is an appeal from the decision of the Environmental Health Officer (EHO) refusing to issue a permit to construct a sewage disposal system consisting of a treatment plant, ozonation unit and disposal field on Mr. Jonkman’s 4.65-acre single-family-dwelling lot in Surrey, B.C. The lot does not meet the legislative requirement of four feet of natural soil from the ground water table. Mr. Jonkman provided an engineer’s plan, with supporting data, that compensated for the lack of soil. The EHO refused the permit on the basis that the site did not meet statutory requirements and related ministry policy. Mr. Jonkman appealed on the grounds that the EHO’s rigid application of ministry policy was an improper exercise of his discretion.
The Board accepted the engineer’s evidence that the custom-designed system would provide effective treatment and would not harm public health. The EHO did not present evidence of a public health hazard. The Board held that the system would not endanger public health and that the EHO cannot bind himself by department policy. The Board ordered the issuance of a permit with conditions. The appeal was allowed.
