SUNCOR ENERGY PRODUCTS PARTNERSHIP - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-3102
Ministry reference number
SR 3010672
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
February 5, 2021 - March 7, 2021 (30 days) Closed
Last updated

This consultation was open from:
February 5, 2021
to March 7, 2021

Decision summary

The variance is approved.

Location details

Site address

2908 YONGE ST
TORONTO, ON
M4N 2J7
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)

SUNCOR ENERGY PRODUCTS PARTNERSHIP
3275 REBECCA ST
OAKVILLE, ON
L6L 6N5
Canada

Decision details

The three underground tank systems shall be removed from the ground by September 30, 2021 and Suncor shall submit an environmental assessment as required by clause 8.3.1 of the LFHC;

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 March 11, 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)

Issuing authority
Sam Sadeghi
Director, Fuels Safety

Fuels Safety
345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

416-734-3424

Proponent(s)

SUNCOR ENERGY PRODUCTS PARTNERSHIP
3275 REBECCA ST
OAKVILLE, ON
L6L 6N5
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
019-3102
Ministry reference number
SR 3010672

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
019-3102
Ministry reference number
SR 3010672
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

February 5, 2021 - March 7, 2021 (30 days)

Proposal details

Clause 2.4.2.1. of the Liquid Fuels Handling Code (LFHC) requires that where an underground storage tank is out of service for two years or more, the tank and piping must be removed from the ground.

The facility has been shut down for two years and the deadline to remove the tanks was on June 30, 2020.  The tanks are empty.

The site is located close to TTC infrastructure.  Suncor needs to obtain a permit from the TTC to remove the tanks and piping. They are actively working with the TTC and expect to obtain the permit by the end of September 2021.

In the interim, 

  • Product has been removed from the three underground tanks;
  • All dispensers and aboveground equipment have been removed from the site;
  • Tank fill pipes are secured (locked); and
  • Tanks are monitored monthly for water infiltration

in accordance with clause 2.4.1.2 of the LFHC.

Note: a variance was originally granted under SR 2864598 & 2964664 to March 31, 2021. However, Suncor is still waiting on a signed agreement/permit from the TTC to allow them to complete any subsurface work at 2908 Yonge Street in Toronto. The TTC agreement is required due to the close proximity of the underground tank systems to the subway. Suncor has been corresponding with the TTC for over a year and came to a consensus on the wording in the agreement in late 2020. However, the TTC has not returned a signed copy of the agreement which has resulted in postponing the decommissioning work.

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 February 5, 2021
to March 7, 2021

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