Parkland Corporation - Approval for variance from the Liquid Fuels Handling Code

Instrument type: Approval for variance from the Liquid Fuels Handling Code

ERO number
019-7668
Ministry reference number
14053051
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
September 26, 2023 - October 26, 2023 (30 days) Closed
Last updated

This consultation was open from:
September 26, 2023
to October 26, 2023

Decision summary

The variance is approved.

Location details

Site address

3191 Rutherford Road
Concord, ON
L4K 0A3
Canada

Site location details

Gas station

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Parkland Corporation
Suite 1800, 240 4th Avenue SW
Calgary, AB
T2P4H4
Canada

Decision details

Parkland Corporation may abandon an out-of-service underground fuel storage tank in place.

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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 2, 2023 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)


Proponent(s)

Parkland Corporation
Suite 1800, 240 4th Avenue SW
Calgary, AB
T2P4H4
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
019-7668
Ministry reference number
14053051

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

john guan

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-7668
Ministry reference number
14053051
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

September 26, 2023 - October 26, 2023 (30 days)

Proposal details

The out-of-use underground storage tank to be abandoned in place is one of the five underground storage tanks in the same tank nest. Removal of the out-of-use tank would damage the integrity of other tanks.

As per TSSA Fuels Safety Program Advisory FS-175-10-R1, Parkland Corporation has provided an environmental assessment report, prepared by BlueFrog Environmental Consulting Inc. (BlueFrog) and dated September 20, 2023.

BlueFrog reported that soil and groundwater samples submitted for laboratory analysis met the more conservative Ontario Ministry of the Environment, Conservation and Parks (MECP) Ontario Regulation 153/04 (as amended) Table 7 Generic Site Condition Standards (SCS) for Shallow Soils with the exception of groundwater samples collected from monitoring well MW103, which marginally exceeded the more conservative MECP Table 7 SCS for benzene, but met the MECP Table 3 SCS.

In addition, as part of this variance approval process, the underground fuel storage tank must 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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 26, 2023
to October 26, 2023

Connect with us

Contact

john guan

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number