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
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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
GREEN ACRE VARIETY
1226 HWY 595, RR 1
KAKABEKA FALLS ,
ON
P0T 1W0
Canada
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:
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
Original proposal
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
- Fuel piping will be removed from the ground.
- Tanks will be thoroughly cleaned to ensure zero product residue.
- 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
Comments received
Through the registry
0By email
0By mail
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