This consultation was open from:
December 17, 2019
to January 16, 2020
Decision summary
This variance request has been approved. The client must clean, purge and fill the tanks with concrete and they must remove the fill and vent pipes.
Location details
Site address
10A Tilbury Court
Brampton,
ON
L5N 2X7
Canada
Site location details
Truck rental facility
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Ryder Truck Rental Canda Ltd.
2233 Argentia Road
Mississauga,
ON
L5N 2X7
Canada
Decision details
This variance request has been approved. The client must clean, purge and fill the tanks with concrete and they must remove the fill and vent pipes.
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.
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from January 17, 2020 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)
Ryder Truck Rental Canda Ltd.
2233 Argentia Road
Mississauga,
ON
L5N 2X7
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
Contact
Ann-Marie Barker
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
Original proposal
Proposal details
The client wants to leave two (2) underground (gasoline) storage tanks in place since removal of the two tanks will compromise the structural foundation of the adjacent vehicle maintenance facility building as well as the fuel island canopy which is the roof structure that covered the pumps.
Clause 2.4.2.1 of the Liquid Fuels Handling Code requires that underground tank systems be removed from the ground within two years of being out-of-service.
Premier Environmental Services Inc. completed an Environmental Assessment to support the variance application to keep the tanks in the ground.
Nine (9) boreholes were drilled around the tank nest in August and October 2019. A total of sixteen (16) selected soil samples collected from 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). Concentrations of BTEX and PHC F1 to F4 in all submitted soil samples were either non-detectable or well below the applicable site condition standards, demonstrating the fuel has not leaked out of the tanks into the surrounding ground.
The tanks will be cleaned, purged and filled with concrete and left underground. All fill and vent pipes will be removed.
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.
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
Comment
Commenting is now closed.
This consultation was open from December 17, 2019
to January 16, 2020
Comments received
Through the registry
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