City of Mississauga - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-2578
Ministry reference number
SR 2938830
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 13, 2020 - November 12, 2020 (30 days) Closed
Last updated

This consultation was open from:
October 13, 2020
to November 12, 2020

Decision summary

The variance is approved.

Location details

Site address

135 LAKEFRONT PROMENADE
MISSISSAUGA, ON
L5E 3G9
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)

City of Mississauga
135 LAKEFRONT PROMENADE
MISSISSAUGA, ON
L5E 3G9
Canada

Decision details

The City of Mississauga may install the dispensers on the new floating dock using Omega Flex piping and fittings.

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 November 13, 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)

Issuing authority
John Marshall
Director, Fuels Safety

Fuels Safety
345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

416-734-3424

Proponent(s)

City of Mississauga
135 LAKEFRONT PROMENADE
MISSISSAUGA, ON
L5E 3G9
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
019-2578
Ministry reference number
SR 2938830

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
019-2578
Ministry reference number
SR 2938830
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

October 13, 2020 - November 12, 2020 (30 days)

Proposal details

The municipality is installing a new floating dock at the marina.  The dock needs to extend 150 feet from the lake wall to  allow boats enough draft to access the dock to fuel, due to shallow water.  The new floating dock -- a steel pontoon dock anchored by chains to concrete blocks on the lakebed -- is much less expensive to build than a stationary dock of this size.

A variance is required because clause 5.5.4. of the Liquid Fuels Handling Code requires that at a marina, dispensers shall be installed on shore, or on a stationary dock, wharf, or pier.

Pipe attached to a dock must be suitable for aboveground installation. Rigid steel piping was the only type of pipe that was suitable for aboveground installation in the past.  Dispensers were prohibited on floating docks since the wave action could stress the pipe and possibly cause it to fail.
 

The City of Mississauga is proposing to install Omega Flex Double Trac stainless steel double containment piping from the existing fuel tank to new dispensers on the floating dock. 

Omega Flex Double Trac pipe is a flexible double-wall pipe that has been certified by the Underwriters’ Laboratories of Canada (ULC) for both aboveground and underground installation.  It has an ultra-violet stabilized Nylon 12 outer layer that provides resistance to weathering.  It has also been tested to withstand wave action.

The Omega Flex piping will be installed underground from the tanks to the lake wall.   At the lake wall, each product pipe will have a Double Trac designed isolation ball valve.  From there the Double Trac piping will be mounted under the deck of the new floating dock and fueling dock to the new dispensers.

 

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 October 13, 2020
to November 12, 2020

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