Oil Storage Legislation
OVERVIEW
The Control of Pollution (Oil Storage) (England) Regulations 2001 require that oil should be stored in a container which is unlikely to leak or burst under normal use. The container must also be located within a secondary containment system to prevent the oil from escaping and leaking into the ground or drainage systems. The secondary containment system should be according to the prescribed requirements of law with respect to its capacity and design. Where the oil is stored in a fixed tank, it must satisfy the requirements of the law regarding its design, valve, pipes and periodic testing. Locks to taps or valves that are permanently fixed to a bowser must be fitted and these locks should be shut down when not in use. The Environment Agency may serve a notice for minimising water pollution risks where the oil is stored 10 metres away from any inland freshwaters or coastal waters, or 50 metres away from a well. The notice may require the person having custody or control of the oil to take appropriate steps to minimise the risk of water pollution. An appeal against the notice can be made to the Secretary of State. These regulations do not apply in case of waste oil, underground storage of oil, refining oil, distribution oil, or where the oil is used to produce heat or power for agriculture, or is stored in any container with a storage capacity of 200 litres or less. Failure to comply with the requirements of these regulations and the notice is an offence punishable on summary conviction to a fine up to statutory maximum and on indictment to an unlimited amount.
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