The Huttons own 7 acres of land in Surrey B.C. They applied for a sewage disposal system using a conventional septic tank and a built-up absorption field. Their application was rejected on the grounds that their proposal did not meet policy guidelines on groundwater, soil depth, and percolation rates.
The Board found that all of the Environmental Health Officers determinations were based on policy interpretations of section 7(1) of the Sewage Disposal Regulation. The Board found the main reason for rejection of the application was that the water table was too close to the surface in the winter months. The Appellants failed to provide evidence that the Environmental Health Officers adherence to policy was unreasonable. The Board, therefore, dismissed the appeal. The Board considered issuing a permit with conditions, but found it did not have enough evidence to do so.