Introduction

If you store oil, diesel or petrol at your operating centre, then you need to comply with regulations regarding the storage of that oil. Over 5000 oil related pollution incidents are reported annually and most of these could be avoided by adopting improved handling procedures.

Many operators keep diesel and oil on site. The Control of Pollution (Oil Storage)(England) Regulations 2001 require that oil tanks and pipe work are stored within a secondary outer area know as a bund, which will help to retain any leaks or spillages resulting from overfilling within the bund, rather than escaping into the environment.

The purpose of the Regulations is to reduce the number of oil pollution incidents.The effective date for the regulations to be fully implemented is 1st September 2005!

To Whom do the Regulations apply?

Operators who store diesel, petrol and lubricant oil on their premises are affected by these Regulations.

The Regulations apply to the storage of oil on all premises except premises used wholly or mainly as private dwellings where the storage capacity of the container is 3500 litres or less, premises for the refining of oil or premises used for the onward distribution of oil to other places. Storage means an implied degree of permanence.

Oil is defined as any kind of oil and includes petrol.

What are the minimum standards laid down by the Regulations?

Construction

The Regulations state that oil must be stored in a container of sufficient strength & structural integrity to ensure that it is unlikely to burst or leak in its ordinary use.

The container must be situated within a secondary containment system. The secondary containment system must have a capacity of at least 110% of the container's storage capacity.

• If there is an aggregate storage capacity then the secondary container must be not less than 110% of the largest container's capacity or 25% of the aggregate storage capacity, whichever is greater.
• The container must be positioned or other steps taken to minimise, so far as is reasonably practicable, any risk of damage by impact.

If the fill pipe is not within the secondary containment system, then a drip tray must be provided to catch any spills when the container is filled.

Intermediate Tanks

The Regulations relate to fixed tanks including intermediate bulk containers used for the storage of oil. These provide:

• That sight gauges must be properly supported and fitted with a valve which must be closed when not in use;
• That fill, draw off and overflow pipes be positioned so as to minimise risk of damage;
• That there be adequate facilities for protecting leaks and;
• That if such pipes are made of material liable to corrosion that they be adequately protected against corrosion.
• Tanks where the filling operation is controlled from a place where it is not reasonably practicable to observe the tank, must be fitted with an automatic overfill prevention device.

Delivery

Where oil is delivered from the tank through a permanently attached flexible pipe, the Regulations include:

• That the pipe must be fitted with a tap or valve at the delivery end which automatically closes;
• The pipe is enclosed within a secure cabinet which is locked when not in use and equipped with a drip tray.

Mobile Browser

Any mobile browser used for storing oil must comply with the Regulations.

• Taps or valves through which oil is discharged must be fitted with a lock and locked when not in use.
• Where oil is delivered through a flexible pipe which is permanently attached to the mobile bowser, then the pipe must be fitted with a manually operated pump or with a valve at the delivery which closes when not in use;
• The pipe or valve must be locked shut when not in use and the pipe must be fitted with a lockable valve at the end where it leaves the mobile bowser and this must be locked shut when not in use.

When do the Regulations take effect?

The Regulations have applied with effect from 1 September 2003, to containers used for the storage of oil that were situated within 10 metres of inland fresh waters or coastal waters or were situated 50 metres from a well or bore hole.

Other containers used for the storage of oil that were in use before 1 September 2001 are exempt from the Regulations until 1 September 2005.

Operators need to ensure that by 1 September 2005 all their existing storage facilities comply.

Remember, the Regulations cover the size of the container rather than the amount of oil stored, any container used by an operator with a capacity of over 200 litres needs to comply with the Regulations, regardless of how little oil is stored.

Even empty tanks of a capacity of over 200 litres should comply. Redundant tanks should be properly decommissioned and removed in accordance with waste duty of care procedure.

Prosecution and enforcement.

The Regulations currently only apply to operators in England. However it would be good practice for operators in Scotland, Wales and Northern Ireland to consider meeting the requirements.

The purpose of the Regulations is to protect water courses from pollution. It is an offence under The Water Resources Act 1991 to cause or knowingly permit any polluting matter to enter controlled waters.

Any person found guilty of polluting controlled waters could be liable to an unlimited fine and/or a sentence of up to 2 years imprisonment.

Contravention of the Regulations themselves is an offence, regardless of whether or not there has been a contamination of a water course, and is punishable on conviction in a crown court to an unlimited fine or in a magistrates court to a fine up to £5,000.

Advice

Operators should ensure now that

• their storage containers are compliant,
• remove any redundant containers in accordance with Environment Agency procedure
• systems are in place including making sure that all taps and valves are kept locked when not in use.

Failure to ensure that your oil storage facilities are fully compliant could result in an enforcement notice being issued against you, which if not complied with could result in prosecution.

Any escape into a water course may result in a prosecution under section 85(1) of the Water Resources Act 1991.

In June this year, a company was fined £1,000 and ordered to pay £1,967.00 costs after it pleaded guilty to allowing red diesel to enter controlled waters. The pollution was caused by a pipe becoming detached at one end and leaking the diesel in the tank onto the ground. The Environment Agency's view was that the pollution could have been avoided if an inexpensive cut off valve had been fitted to the sight gage pipe and been properly supported.

There is no need for the operator to be aware that there has been a discharge into controlled waters for there to be a prosecution under section 85(1) of the Water Resources Act 1991.

The only defence will be if you can show that the cause of the pollution was due to an abnormal or extraordinary event.

The courts have interpreted this very narrowly and even a vandalism incident has not been considered sufficient to provide a defence for the operator. Any spillage of oil could result in a prosecution. This could be an accidental spillage by workshop staff, drivers or the company delivering the oil.

Pollutants could have entered the water course without the operator's knowledge. Make sure that tanks and pipe work are regularly checked and that any person on the premises is not allowed to spill any oil.

Failure to comply with the Regulations could prove to be very expensive indeed.

Top Tips

• Check storage facilities comply with the Regulations -Take steps to ensure compliant- Keep a written record of the check.
• Regularly check all containers, pipes, taps & valves for leaks and that locks are secure. Keep a written record of the check.
• Instruct all staff and relevant visitors such as oil delivery firms to inform you immediately of any spillage and act promptly to deal with any spillage.
• Investigate thoroughly any spillage or leaks and keep a record of the investigation.
• Stop that drip - it could cost you more than you think.

Produced by Christabel Hallas : Contact christabel.hallas@forwarn.com