This consultation was open from:
April 16, 2021
to May 16, 2021
Decision summary
The variance is approved.
Location details
Site address
200 MORTON DR
WINDSOR,
ON
N9J 3W9
Canada
Site location details
salt mine
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)
K+S WINDSOR SALT LTD
200 MORTON DR
WINDSOR,
ON
N9J 3W9
Canada
K+S WINDSOR SALT LTD
200 MORTON DR
WINDSOR,
ON
N9J 3W9
Canada
Decision details
K + S Windsor Salt may use a FloMAX dry-break style fueling nozzle to fuel mining equipment (e.g., front-end loaders) at the Windsor Salt Mines
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 May 20, 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:
- 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)
K+S WINDSOR SALT LTD
200 MORTON DR
WINDSOR,
ON
N9J 3W9
Canada
K+S WINDSOR SALT LTD
200 MORTON DR
WINDSOR,
ON
N9J 3W9
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
Liquid Fuels Handling Code (LFHC) Requirements that Would Not be Met:
1.3.1. Equipment installed at a facility or on a highway tank shall be approved and installed in accordance with the requirements of this Code and the manufacturer’s instructions and shall be appropriate for the service for which it is intended.
Reason why Abovementioned Code Requirements Would Not be Met:
Although not approved by ULC, the FloMax nozzle is ideal for use at mines because of its high flow rate and special dry-break connection that is designed to fit mining equipment. The front-end loaders in use at the Windsor Salt Mines are heavy fuel consumption vehicles.
Equivalent Safety Methods:
The mining equipment is equipped with 1.5-inch dry-break style connections (‘dry-break style’ describes a hose connection device type that provides an automatic mechanism to seal off both the hose and the fixed pipe end when the hose is disconnected) suitable for use with FloMAX nozzles. The fill system is designed so that the nozzle will stop automatically when the tank reaches its intended fill level. This is a standard fill system used by major construction/mining equipment manufacturers around the world. Fill connections for these tanks are located below the top of the tank at a safe and convenient height for the operator. There are no alternative fill locations or fill methods for these fuel tanks.
The FloMAX nozzle has a flow rate of up to 150 GPM, which is compatible with the 1.5-inch dry-break style connections on mining equipment, compared to a flow rate of approximately 60 GPM for conventional one-inch nozzles. Productivity is increased by reducing time spent refuelling equipment.
In support of K+S WINDSOR SALT’s request, the company has submitted a letter, signed by Pat Schryver, P.Eng. (Ontario), and a report signed by John Peters, P.Eng. (Alberta), comparing the FloMAX nozzle to CAN/ULC-S620:2016:
Section 4 – Construction
Due to the design of the nozzle, using a dry-disconnect receiver instead of a spout and valve actuation interlock to this receiver, some requirements of section 4 do not apply (4.1.2, 4.1.3, 4.2.2, 4.2.4 and 4.2.5).
Clause 5 Performance outlines the general and performance testing requirements for hose nozzle valves.
5.5 Moist Ammonia-Air Stress Cracking Test specifies requirements under specific conditions for brass parts. This section does not apply as the FloMAX FNLB Fuel nozzle does not contain any brass parts.
5.9.1 Spout Weak Section Strength Test outlines the requirement for a sacrificial device, shear section, designed to fail under a specified load in order to prevent damage / leakage. The FloMAX FNLB does not utilize a spout in the design; therefore, this section does not apply.
Section 5.10 Release and Shut Off Test outlines the requirements of a fall test to ensure the integrity of the valve. By virtue of the design of the FloMax FNLB Fuel nozzle, the valve mechanism will not open or flow, unless connected to the receiver.
Section 5.12 Endurance Test outlines the required number of cycles the valve must be capable of achieving. It is our understanding that the FloMAX FNLB Fuel nozzle has be tested to 10,000 cycles. This is short of the 100,000-cycle requirement specified by the standard; however, it has been shown that these valves are replaced well before 100,000 cycles. These valves are typically used around heavy equipment and, unfortunately, damaged and replaced before end of life is reached.
Section 5.15 Accelerated Air Oven Aging Test outlines the requirements for artificially aging the nozzle and associated components to determine long term valve integrity. While this testing has not been completed as outlined, the materials of construction have been successfully used within industry; therefore, this section is deemed satisfied.
Section 5.16 Tensile Strength and Ultimate Elongation outlines the limits to which the materials of construction may deteriorate under specific conditions and still be considered in compliance with the standard. While this testing has not been completed as outlined, the materials of construction have been successfully used within industry; therefore, this section is deemed satisfied.
The FloMAX FNBL Fuel nozzle has been used internationally for diesel fuelling applications and has a proven record of safety and leak protection. The requirements outlined in the CAN/ULCS620:2016 Standard for Hose Nozzle Valves for Flammable and Combustible Liquids are judged to be satisfied by the FloMAX FNLB Fuel nozzle. It is our (Mr. Peters’) recommendation that the FloMAX FNLB Fuel nozzle be granted equivalency with valves certified to the CAN/ULCS620:2016 Standard.
Mr. Schryver has reviewed the report and recommends that the FloMAX FNLB Fuel nozzle be granted equivalency with valves certified to the CAN/ULCS620:2016 Standard, the standard for hose nozzle valves for flammable and combustible liquids for use with mining equipment.
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 April 16, 2021
to May 16, 2021
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