CORP OF THE TOWN OF DEEP RIVER - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-2123
Ministry reference number
SR 2852022
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
July 21, 2020 - August 20, 2020 (30 days) Closed
Last updated

This consultation was open from:
July 21, 2020
to August 20, 2020

Decision summary

The variance is approved.  The Deep River Marina is allowed to keep a gasoline dispenser in its current location, 3 metres from the door of the building. 

Location details

Site address

100 DEEP RIVER RD
DEEP RIVER, K0J 1P0
Canada

Site location details

MARINA

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

CORP OF THE TOWN OF DEEP RIVER
100 DEEP RIVER RD
DEEP RIVER, ON
K0J 1P0
Canada

Decision details

The Deep River Marina is allowed to keep a gasoline dispenser in its current location, 3 metres from the door of the building. 

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.

How to Appeal

This instrument decision can be appealed. You have 15 days from August 21, 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:

  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)

CORP OF THE TOWN OF DEEP RIVER
100 DEEP RIVER RD
DEEP RIVER, ON
K0J 1P0
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
019-2123
Ministry reference number
SR 2852022

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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Original proposal

ERO number
019-2123
Ministry reference number
SR 2852022
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

July 21, 2020 - August 20, 2020 (30 days)

Proposal details

Please note this proposal was previously posted under EBO# 019-1905 and is being reposted and taken back to the variance committee for review, due to inaccurate information in the initial account provided by the client. EBO# 019-1905 had not received any comments.

 

During a recent inspection, the inspector noted that the dispenser was too close to the door. 

 

Three metres from the building opening, the existing dispenser is located on a concrete slab and well protected on two sides by concrete retaining walls. Moreover, dispensing does not take place at this location.

 

The dispenser is connected by aboveground steel pipe to hose reels. From the reels, marina staff pulls the hose to the floating dock to fuel the boats. The floating dock is approximately 7 metres from the building door; vapours are generated here, at the nozzle, much further than the 4.5 metres required by the LFHC.

 

In addition, moving the dispenser 4.5 metres away from the door would put the dispenser on timbers and over the water.

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 July 21, 2020
to August 20, 2020

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