This consultation was open from:
October 28, 2020
to November 27, 2020
Decision summary
The variance to abandon in place, one (1) out-of-use underground fuel storage tank located at 250 Colborne Street in Port Stanley, has been approved.
Location details
Site address
250 COLBORNE ST N5L 1B9
PORT STANLEY,
ON
N5L 1B9
Canada
Site location details
marina
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)
JOHN D KILLINS
5689 GORE RD
DORCHESTER,
ON
N0L 1G4
Canada
Decision details
The variance is approved with the following conditions:
- The applicant shall ensure that the fill and vent pipes associated with the& tank has been removed; and
- The applicant shall empty the tank of all product and material and clean and purge the tank and ensure that the tank is completely filled with concrete.
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 30, 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)
JOHN D KILLINS
5689 GORE RD
DORCHESTER,
ON
N0L 1G4
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
Original proposal
Proposal details
Clause 2.4.2.1. of the Liquid Fuels Handling Code (LFHC) states: “Where an underground storage tank is out of service for two years or more, the owner of the tank system or the owner of the property on which the tank is located shall remove the tank and piping from the ground.”
Killins Marina is concerned that removing the tank will undermine the structural integrity of the building located on the south adjoining property.
The marina has provided documents, per TSSA Fuels Safety Program Advisory 175-10:
- An environmental assessment report, titled “Subsurface Environmental Investigation, Gasoline Underground Storage Tank, 250 Colborne Street, Port Stanley, Ontario”, prepared by EXP Services Inc. (EXP), dated November 13, 2019; and
- A remediation report, titled “Remediation of Petroleum Hydrocarbon Impacted Soils, Area of Inactive Gasoline Underground Storage Tank, Killins Marina Facility, 250 Colborne Street, Port Stanley, Ontario”, prepared by EXP, dated January 15, 2020.
The EXP reports indicate that there is some residual contamination at the site; however, gas chromatograms of the identified contamination are not of the same nature as the contents of Killins Marina’s underground tank (gasoline) and, in fact, resemble motor oil.
Killins Marina has also provided a letter dated April 14, 2020, prepared by EXP, which indicates that the surrounding areas are known to have historical impacts (contamination).
Since the site has impacts in soils in excess of the applicable Ontario redevelopment site condition standards, Killins Marina is advised to notify the Ontario Ministry of the Environment, Conservation and Parks (MECP) should the marina become aware of the potential, or confirmed, off-site migration of contaminants from the property.
For further regulatory obligations regarding the onsite contamination, please refer to the Ontario Environmental Protection Act (EPA), including the requirement to notify MECP of any contaminant in the natural environment that is causing or is likely to cause an "adverse effect" as defined in the EPA.
Killins Marina’s underground tank will be cleaned, purged and filled with concrete.
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 28, 2020
to November 27, 2020
Comments received
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