FRANCIS FUELS LTD. - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-9236
Ministry reference number
WO 14226833
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
October 3, 2024 - November 2, 2024 (30 days) Closed
Last updated

This consultation was open from:
October 3, 2024
to November 2, 2024

Decision summary

The variance is approved for two years.

Location details

Site address

1944 MERIVALE RD, NEPEAN
NEPEAN, ON
K2G 1E9
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)

FRANCIS FUELS LTD.
190 COLONNADE RD S, UNIT 201
NEPEAN, ON
K2E 7J5
Canada

Decision details

FRANCIS FUELS LTD. was granted a variance for two years for an exemption to requirement for continuous monitoring of all fuelling positions by trained personnel at a remotely monitoring station.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The comment was in favour of 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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 6, 2024 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)

FRANCIS FUELS LTD.
190 COLONNADE RD S, UNIT 201
NEPEAN, ON
K2E 7J5
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
019-9236
Ministry reference number
WO 14226833

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
019-9236
Ministry reference number
WO 14226833
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

October 3, 2024 - November 2, 2024 (30 days)

Proposal details

Proposal Details

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

5.3.9. The facility shall be equipped with real-time video surveillance that shall be continuously monitored by trained personnel. The video surveillance shall monitor all fueling positions.

Why the Code Would Not be Met

Under existing code, the live attendant may see something on the video screen, they are helpless to do much more than try and contact someone onsite over the intercom system. To control and shut pumps and dispensers down a person must be dispatched to the location. The exemption request is to replace the human element of monitoring with continuous computer monitoring and the ability to remotely shut down any items of issue.

Safety Assessment

  • The facility will be equipped with real-time video surveillance system continuously monitoring/recording all fueling positions.
  • The system can be remotely monitored and quickly reviewed from anywhere in the world.
  • The system will provide real-time monitoring and logging with SMS and e-mail alerts:
  • Tank product level and consumption patterns
  • Dispenser status and operating patterns
  • Turbine operation and power consumption monitoring
  • TVOC level monitoring of location air quality
  • E-Stop button activation will automatically notify Alarm Station and dispatch Fire Department.
  • All systems can be shut down remotely.
  • The onsite dispenser customer training system.
  • Colour video client training - customers will receive safety and emergency procedure training on the pump display.
  • Smoke/Fire/Spill detection AI system (Viana by meldCX)
  • The system involves the implementation of cameras for tracking specific object and incidents.
  • When the camera identifies Smoke/Fire/Spill it will place a red box around it and issue a MQTT code (like an SMS message). Then anything that can be controlled in the ioT space can be done. In case of fire, for example, the turbines would be shut down, the pump heads shut down and alarms triggered, fire department notified, and duty site supervisor notified. This is done with approved 3rd party software that runs on the camera. The test data sheets show earlier model cameras, the currently installed cameras exceed earlier model specs.
  • Spill containment
  • The pad is designed so that no canopy water drains onto the pad. Canopy water is directly connected to the storm sewers.
  • There is a slight lip on the pad so at a depth of 1 mm it can contain ~2.65 ft3 of liquid (65 litres dispensing limit equals to 2.30 ft3, any small spills should be easily contained by the pad).

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 October 3, 2024
to November 2, 2024

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