GREEN ACRE VARIETY - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-4234
Ministry reference number
SR 3076506
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
August 24, 2021 - September 23, 2021 (30 days) Closed
Last updated

This consultation was open from:
August 24, 2021
to September 23, 2021

Decision summary

The variance is cancelled.

Location details

Site address

1226 HWY 595, RR 1
KAKABEKA FALLS , ON
P0T 1W0
Canada

Site location details

Convenience store

Proponent(s)

GREEN ACRE VARIETY
1226 HWY 595, RR 1
KAKABEKA FALLS , ON
P0T 1W0
Canada

Decision details

GREEN ACRE VARIETY advised of not proceeding with the variance

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 July 7, 2022 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)

GREEN ACRE VARIETY
1226 HWY 595, RR 1
KAKABEKA FALLS , ON
P0T 1W0
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
019-4234
Ministry reference number
SR 3076506

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.

Connect with us

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-4234
Ministry reference number
SR 3076506
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

August 24, 2021 - September 23, 2021 (30 days)

Proposal details

Liquid Fuels Handling Code (LFHC) Requirements that Would Not be Met

2.4.2.1.

Where an underground storage tank is out of service for 2 years or more, the owner of the tank system or the owner of the property on which the tank is located shall remove the tank and piping from the ground.

Why the Code Would Not be Met

The local fire department has requested that Green Acre Variety keep the tanks in place and full of water for the fire department’s use as a year-round water reservoir. Green Acre Variety is located in the middle of town near to businesses, homes and farms, so having the tanks as an additional underground water source would improve the fire department’s response times and ability to successfully extinguish fires rapidly.

Equivalent Safety Measures

  1. Fuel piping will be removed from the ground.
  2. Tanks will be thoroughly cleaned to ensure zero product residue.
  3. Tanks will remain full of water for fire department use.

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 August 24, 2021
to September 23, 2021

Connect with us