This consultation was open from:
April 14, 2022
to May 14, 2022
Decision summary
The variance is approved
Location details
Site address
994441 HWY 11, CONCESSION 4 N PT LOT 13 PARCEL 13674,
COLEMAN TOWNSHIP,
ON
Canada
Site location details
Remotely monitored gas station
Proponent(s)
NORTHROUTE FUELS INC
4425 CHESSWOOD DR
TORONTO,
ON
M3J 2C2
Canada
Decision details
- Unapproved fuel dispensing modules.
- Fill pipes located inside a cabinet on the tank structure.
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.
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 19, 2022 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)
NORTHROUTE FUELS INC
4425 CHESSWOOD DR
TORONTO,
ON
M3J 2C2
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
Contact
Marek Kulik
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
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.
4.2.2.3 Storage tanks installed indoors for Class II and Class III products shall have the fill point located outside the building, and the fill point shall be:
(a) at least 0.5 m above the top of the tank;
(b) equipped with a tight-fitting cap;
(c) equipped with an approved overfill protection device, or there shall be an
approved overfill procedure (see Appendix F); and
(d) a minimum of 0.5 m below the highest level of the emergency or normal vent.
Why the Code Would Not be Met
1. The approved dispenser is not protected from unauthorized use and vandalism. Northroute’s unapproved dispenser meets the same safety requirements as the approved dispenser and is also protected by a metal enclosure and door that’s accessible to authorized users only.
2. Northroute requires its fill points to be protected from unauthorized use and vandalism. Northroute cannot protect its fill points if the pipes are exposed outside. As a solution, Northroute’s fill pipes are inside of a metal enclosure that has cabinets built-in to protect the fill points.
Safety Assessment
- The cabinets inside the metal enclosure that protect the fill points are sealed so that vapours cannot migrate into the card reader room. In addition, a tight fill connection prevents vapours from escaping into the cabinet.
TSSA assesses that there is likely to be no environmental impact should these variances be granted.
TSSA has approved similar variances in the past (i.e., SR 1632026).
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 14, 2022
to May 14, 2022
Comments received
Through the registry
0By email
0By mail
0