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
019-2898
Ministry reference number
SR 2981928
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
December 22, 2020 - January 21, 2021 (30 days) Closed
Last updated

This consultation was open from:
December 22, 2020
to January 21, 2021

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 abandon two lines of single-wall FRP 3-inch (75 mm) piping in place at the municipal marina.

The piping has been vacuumed cleaned to remove any residual fuel.  It has passed a pressure test and the piping will be capped at both ends.

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 January 22, 2021 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
Sam Sadeghi
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
019-2898
Ministry reference number
SR 2981928

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
019-2898
Ministry reference number
SR 2981928
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

December 22, 2020 - January 21, 2021 (30 days)

Proposal details

A variance is required because clause 2.4.2.1. of the Liquid Fuels Handling Code 2017 requires that, when an underground storage tank system is out of service, the owner shall remove the tank and piping from the ground.

 

Why Code Cannot be Met

The municipality is installing new piping at the marina (see Environmental Registry of Ontario [ERO] case # 019-2578).  They had originally intended to remove the old piping.  However, it is covered by an unsupported stone block wall at the seawall end of the site and is buried about 1.35 metres (4.5 feet) below ground level around the main property.  On one side of the stone block wall are numerous power wires to the docks.

At the existing underground fuel tank, the pipe is more than 1.5 metres deep, runs underneath trees and foliage and is close to two electrical boxes. To excavate more than 1.5 metres deep and remove the existing fuel piping, the City would have to move the unsupported stone block wall, rip-rap (i.e. human-placed rock or other material used to protect shoreline structures against scour and water, wave, or ice erosion), and electrical cables along the width of the trench at the seawall, and then re-install them.  In addition, established trees and foliage near the underground tank would have to be removed.

Reasonable Safety Measures

To ensure that sludge from the pipe does not enter the environment, the piping has been vacuumed clean to remove any residual fuel. The City of Mississauga is proposing to pressure test the piping at 50 psig for two hours with nitrogen. Once proven tight, the pipes would be capped at both ends before being abandoned in place.

 Not sure outboard is a common term to most people

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 December 22, 2020
to January 21, 2021

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