This consultation was open from:
July 30, 2021
to August 29, 2021
Decision summary
The variance is approved
Location details
Site address
HWY 144, CHESTER MINE RD
GOGAMA,
ON
P0M 1W0
Canada
Site location details
Cote Gold Mine
Proponent(s)
EBC INC.
1095 RUE VALETS
L'ANCIENNE-LORETTE ,
QC
G2E 4M7
Canada
Decision details
The variance is approved with the following condition:
- A breakaway valve shall be installed on all fuel hoses on which the FloMax nozzle is installed;
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 September 3, 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)
EBC INC.
1095 RUE VALETS
L'ANCIENNE-LORETTE ,
QC
G2E 4M7
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 Underwriters Laboratories of Canada (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.
Equivalent Safety Methods:
The fleet of mining equipment is manufactured by Caterpillar and 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 by Caterpillar 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 EBC Inc. request, the company has submitted the report, signed by Andrew Gendre, P.Eng., comparing the FloMAX nozzle to the CAN/ULC-S620, the standard for hose nozzle valves for flammable and combustible liquids:
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).
Section 5.5 – Moist Ammonia‐Air Stress Cracking Test
There are no brass components in the valve, so this section is not applicable.
Section 5.9.1 – Spout Weak Section Strength Test
Due to the design of this nozzle not having a spout, this section is not applicable. It is recommended to install a dry disconnect break away valve in the fuel hose the nozzle is installed on to mitigate damage and spilled fuel if a driver inadvertently drives away with the nozzle connected.
Section 5.10 – Release and Shut Off Test
Due to the bottom fill receiver mechanical connection design of the nozzle and receiver discussed above, this section does not apply.
Section 5.12 – Endurance Test
As per the letter from the manufacturer, testing has been completed to 10,000 cycles instead of 100,000 cycles. Most of these nozzles are installed in harsh environments and, as such, usually have damage requiring replacement before 100,000 cycles would be reached. These nozzles have been used successfully at mine sites all over the world for many years with no issues when installed and operated as per the manufacturer’s requirements.
Section 5.15, 5.16 – Accelerated Air Oven Aging Test & Tensile Strength and Ultimate Elongation
Testing was not performed; however, industry standard sealing elastomers (Viton B70, Nitrile 70 and Fluorosilicone) are used in the design of the valve. These materials have been tested and used successfully and extensively in industry with diesel fuel.
The report concludes that the FloMAX FNBL diesel fuel nozzle meets and exceeds the requirements and safety objectives listed in the CAN/ULC-S620:2016 standard.
It shall be noted that it is imperative that the equipment fuel tanks used with this nozzle must include either a pressurized shutoff vent system or non‐pressurized shutoff vent and valve system in good working order to use these nozzles safely.
It is also recommended to install a break away valve in the fuel hose which the nozzle will be installed on. This will mitigate damage and spilled fuel if a driver inadvertently drives away with the nozzle connected.
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 30, 2021
to August 29, 2021
Comments received
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