A Raymond & Sons Enterprises Ltd. - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-0469
Ministry reference number
SR 2623090
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 22, 2019 - September 21, 2019 (30 days) Closed
Last updated

This consultation was open from:
August 22, 2019
to September 21, 2019

Decision summary

The variance is approved. Raymond & Sons is allowed to abandon the underground tank in place and install the new underground tank 46 cm from the abandoned tank and 1.22 metres from the property line.

Location details

Site address

5566 Main St
Osgoode, ON
K0A 2W0
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)

A Raymond & Sons Enterprises Ltd.
5566 Main St
Osgoode, ON
K0A 2W0
Canada

Decision details

The abandoned tank must be emptied of product, cleaned. purged and filled with a concrete slurry.  The vent and fill pipes must be removed.

Raymond &Sons will have to apply for a permit from the City of Ottawa for the installation of the new tank and any future maintenance that involves encroachment on city property.

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

How to Appeal

This instrument decision can be appealed. You have 15 days from September 25, 2019 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)

A Raymond & Sons Enterprises Ltd.
5566 Main St
Osgoode, ON
K0A 2W0
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
019-0469
Ministry reference number
SR 2623090

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.

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Contact

Ann-Marie Barker

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
019-0469
Ministry reference number
SR 2623090
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

August 22, 2019 - September 21, 2019 (30 days)

Proposal details

The site was originally built in 1987. An addition to the building was added in 1990. Because of the addition, the old premium tank is partially under the addition.

Four (4) boreholes were made on site on July 4, 2019. Two (2) selected soil samples from each of the four (4) boreholes were submitted to an accredited laboratory for analysis of benzene, toluene, ethylbenzene, xylenes (BTEX) and petroleum hydrocarbon fractions 1 to 4 (PHC F1-F4). In addition, one (1) groundwater sample was collected from an existing monitoring well on the site and was submitted for laboratory analysis of BTEX and PHC F1 to F4.

Concentrations of BTEX and PHC F1 to F4 in all submitted soil and groundwater samples were less than the applicable site condition standards.

Once the old tank is abandoned and filled with concrete slurry, it is no longer a tank (just a concrete mass). Therefore the distance of 60 cm will not apply.

The new underground tank will be installed in the original location of the old tank nest. While this new tank will only be 1.22 metres from the property line, it will be 5 metres from the roadway. In addition, the City of Ottawa is aware of the encroachment and has no objections provided that the operator apply for a permit for the installation and any future maintenance that involve encroachment on city property.

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 22, 2019
to September 21, 2019

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