2708850 ONTARIO INC - Approval for variance from the Liquid Fuels Handling Code

Instrument type: Approval for variance from the Liquid Fuels Handling Code

ERO number
019-2809
Ministry reference number
SR 2967990
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
December 4, 2020 - January 3, 2021 (30 days) Closed
Last updated

This consultation was open from:
December 4, 2020
to January 3, 2021

Decision summary

TSSA has granted a variance to 2708850 Ontario Inc. to leave two (2) underground (gasoline) storage tanks in place since removal of the two tanks will compromise the structural foundation of the fuel island canopy as well as the front of the adjacent convenience store.

Location details

Site address

33 COLDWATER RD
COLDWATER, ON
L0K 1E0
Canada

Site location details

gas station

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

2708850 ONTARIO INC
33 COLDWATER RD
COLDWATER, ON
L0K 1E0
Canada

Decision details

2708850 Ontario Inc. shall empty the tanks of all product and material and clean and purge the tanks and ensure that the tanks are filled with concrete.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from January 8, 2021 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)


Proponent(s)

2708850 ONTARIO INC
33 COLDWATER RD
COLDWATER, ON
L0K 1E0
Canada


Appellate body

The Registrar
Divisional Court (Toronto Region)
130 Queen Street West
Osgoode Hall - Room 174
Toronto 
M5H 2N5 
Phone: (416) 327-5100 
Fax: (416) 327-5549


Include the following:

ERO number
019-2809
Ministry reference number
SR 2967990

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-2809
Ministry reference number
SR 2967990
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

December 4, 2020 - January 3, 2021 (30 days)

Proposal details

Clause 2.4.2.1 of the Liquid Fuels Handling Code requires that underground tank systems be removed from the ground within two years of being out-of-service.

A & A Environmental Consultants Inc. (A&A) completed an Environmental Assessment to support the variance application to keep the tanks in the ground.

On October 23, 2020, one excavation and three test pits (a test pit excavation examines the properties of the ground and soil conditions) were completed in the vicinity of the tanks. In addition, monitoring wells (wells used to measure or monitor the level, quality, quantity, or movement of subsurface water) were installed within two selected test pits. Selected soil samples from the excavation and test pits, as well as groundwater samples from two monitoring wells, were submitted to an accredited laboratory for analysis of metals, petroleum hydrocarbons (PHCs) fractions F1-F4, volatile organic compounds (VOCs) including benzene, toluene, ethylbenzene, and xylene mixture (BTEX), and other related parameters. Additional groundwater samples were collected on November 3, 2020, and November 11, 2020, and were submitted for laboratory analysis of BTEX. A&A reported that soil samples met the Ministry of the Environment, Conservation and Parks’ (MECP) site condition standards. Groundwater samples collected during the final round of sampling also met MECP site condition standards.

The tanks will be filled with unshrinkable lean mix concrete to prevent their future re-use. In this case, it is also necessary to provide adequate bearing capacity for the structures above them. (This has not been completed at this time but will be, should the variance be granted - all risers and pumps were removed from the tanks, except for one direct fill pipe on each tank to allow the tanks to be filled with concrete).

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from December 4, 2020
to January 3, 2021

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