2533550 ONTARIO INC - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-5339
Ministry reference number
WO 8087617
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
April 6, 2022 - May 6, 2022 (30 days) Closed
Last updated

This consultation was open from:
April 6, 2022
to May 6, 2022

Decision summary

The variance is approved

Location details

Site address

406 KING ST E
CAMBRIDGE, ON
N3H 3M9
Canada

Site location details

Gas station

Proponent(s)

2533550 ONTARIO INC
406 KING ST E
CAMBRIDGE, ON
N3H 3M9
Canada

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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Appeal

This instrument decision can be appealed. You have 15 days from May 11, 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)

2533550 ONTARIO INC
406 KING ST E
CAMBRIDGE, ON
N3H 3M9
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
019-5339
Ministry reference number
WO 8087617

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

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-5339
Ministry reference number
WO 8087617
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

April 6, 2022 - May 6, 2022 (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 code’s intent is to require the removal of old tanks and piping that should no longer be used. In this case, the tanks were installed new and never used.

 

Equivalent Safety Measures

The following safety measures have been performed to ensure safety:

  • Phase II Environmental Site Assessment
    • The report confirms there is no soil contamination
  • Precision Leak Test on tanks and piping
    • The report confirms the tanks and piping are leak free

 

TSSA assesses that there is likely to be no environmental impact should this variance be granted.

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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from April 6, 2022
to May 6, 2022

Connect with us

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number