At Direct365, we want to act as the extra member of your team and make your life easier when it comes to dealing with complex legislation.

Here is our quick guide to the DEFRA Control of Pollution (Oil Storage) (England) Regulations 2001, explaining, why it’s there, who is responsible, what you need to do and what the potential punishments for non-compliance are.

Why do the regulations exist?

These regulations came into place in 2001, just as there was a “Rising trend in oil-related water pollution incidents in England” with oil accounting for over 5,380 water pollution incidents in England, in 1999. This was around 17% of all water incidents and was mainly due to leaks in unbundled tanks caused by inadequate storage facilities, vandalism or human error.

Oil is toxic to plants and animals, and even a small amount of oil can destroy river life by producing a film on the water, preventing sunlight and oxygen from getting to the plants and
animals needed to keep the ecosystem alive.

 What does the regulation do?

These regulations have been put in place to reduce the amount of oil-related pollution incidents, promote the safe storage of oil, and in turn protect wildlife, the ecosystem, workers and businesses. The key requirement is the provision of secondary containment (a ‘bund’ or ‘drip tray’) to ensure that any leaking or spilt oil cannot enter controlled waters
When did the regulations come into force?
The regulations came into force in 3 different stages, depending on your storage type and age:

  • New oil stores were required to comply with the regulations by the 1st of March, 2002;
  • Existing oil stores ‘at significant risk’ must have compiled by 1st September, 2003;
  • All remaining oil stores must have compiled by 1st September, 2005.

Who do the regulations apply to?

The regulations apply to all organisations in England who store oil above ground in a container over 200 litres at an industrial, commercial or industrial site. These can be factories, shops, offices, schools, hotels, churches, public sector buildings and hospitals.

Private dwellings that store oil for domestic heating purposes are exempt.
What substances fall under the regulations?
All types of oil with the exception of waste mineral oil are covered by the regulations. This includes petrol, diesel, vegetable, synthetic and mineral oils.

What containers does the oil have to be in?

In any kind of container which is being used/ stored above ground and situated outside a building. These containers can be a fixed tank, intermediate bulk container, drum (oil drum or similar container used for storing oil) or mobile bowser – with a storage facility that exceeds 200 litres.

What are the minimum standards?

  • Tanks, drums or other containers must be strong enough to hold the oil without danger of it leaking or bursting.
  • Where possible, the container must be placed/positioned away from any area with vehicle traffic in order to avoid damage from a collision.
  • Secondary containment such as bunds and drip trays must be provided to catch any oil leaks from the container or its ancillary pipework and equipment.
  • This containment must have the capacity to hold 110% of the maximum contents of the primary container; drip trays must be able to hold at least 25% of the drum volume.
  • If there is more than one container in use, the secondary container should be capable of storing 110% of the largest container or 25% of the total storage capacity, whichever is the greatest.
  • The walls of the secondary containment base and walls must be impermeable to water and oil.
  • Any valve, filter, slight gauge, vent pipe or other ancillary equipment must be kept within the secondary containment when not in use.
  • No drainage valve may be fitted to the secondary containment for draining out rainwater.
  • Above-ground pipework should be properly supported.
  • Underground pipework should be protected from physical damage and have adequate leakage detection. If you are installing pipes with mechanical joints they must be easy to inspect.
  • Other requirements are including in the regulations related to sight gauges, fill points, vent pipes, pumps, deliveries to your oil storage and other ancillary equipment.

What is the offense for failing to comply?

Failing to comply with the regulations is a criminal offense; the maximum fine is £5,000.

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