941037 Ontario Ltd. operating as Enviro Fuel - Order for financial assurance

Instrument type: Order for financial assurance

ERO number
019-7090
Ministry reference number
1-210255296
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Exception
Exception posted
Last updated

This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.

Exception summary

A Director's Order is being issued to authorize the release of approximately $34,000 of financial assurance to the ministry to retain a clean-up contractor to remove and dispose of waste oil that spilled on site and to take steps to reduce the risk of future spills at the site. A delay in issuing the order could result in harm to the environment.

Location details

Site address

237 Jim Snow Drive
Loyalist, ON
K0H 1G0
Canada

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Proponent details

941037 Ontario Ltd. operating as Enviro Fuel
2501 Stanfield Rd
Mississauga, ON
L4Y 1R6
Canada

Why consultation isn't required

In accordance with section 29 of the Environmental Bill of Rights, 1993 (EBR), it is the director’s opinion that the delay in giving notice to the public of the proposal for the instrument, allowing for public participation, and in considering the response to the notice could result in:

  • danger to the health and safety of any person
  • harm or serious risk of harm to the environment, or
  • injury or damage or serious risk of injury or damage to any property

We are posting this exception notice to give notice of our decision to rely on section 29 of the EBR.

Exception details

Background

941037 Ontario Ltd. operating as Enviro Fuel, has an Environmental Compliance Approval from the ministry, for a waste oil processing facility at 237 Jim Snow Drive in Loyalist Township. The approval requires the posting of $30,000 of financial assurance which the ministry currently holds. The site is now abandoned. Following a ministry inspection in 2022, the ministry issued a Provincial Officer’s Order requiring inventory of all of the waste on site and completion of any remediation that may be required to address environmental impacts that may exist as a result of activities at the site. The company did not respond to the ministry order and the waste remains on the site.

Director's Order

A Section 136 Director's Order will be issued to 941037 Ontario Ltd., to authorize the payment of the full amount of financial assurance to the ministry to retain a clean-up contractor to remove and dispose of waste oil that has spilled on site, and to reduce the risk of future spills at the site by removing liquid waste remaining in on site tanks.

It is of the opinion of the director that the delay involved in posting the proposed instrument for consultation would result in harm or serious risk of harm to the environment, and/or damage or serious risk of damage to property, as outlined below:

  • approximately 54,000 litres of liquid waste (fuel, oil and unknown substances) remain on site
  • on May 11, 2023, an onsite spill of approximately 1,500 litres was identified at the site; the external storage tanks are within a containment area and the spill was within the contained area
  • there is currently no evidence of offsite impacts, but there is a risk of the spill migrating beyond the contained area if it is not cleaned up in the near future, as precipitation events could cause an overfill of the containment, and the integrity of the containment area is unknown
  • in addition, due to the poor security of the site, and storage containers that are in poor condition, there is a risk of additional spills

Supporting materials

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Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7P 3J6
Canada

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