Deadline 1 April 2010 - The Water Environment (Oil Storage) (Scotland) Regulations 2006

Implementing the Regulations

The Regulations are coming into force in 3 stages, these being:

Tanks installed after 1 April 2006 must comply
Existing tanks at significant risk (ie facilities that are located within 10 metres of any surface water or wetland or 50 metres of a borehole or well must comply
All remaining existing tanks must comply by 1 April 2010.

Contact us to find out how we can help you comply with the regulations.

Which types of oil are covered?

The Regulations apply to various oils including:

Lubricants
Petrol
Diesel
Kerosene
Waste oil
Vegetable and plant oil

What oil storage containers are covered?

The Regulations will apply to any kind of container which is being used and which is stored above ground, whether inside or outside a building. These include fixed tanks, intermediate bulk containers, drums or mobile bowsers.

What premises do the Regulations apply to?

The range of premises covered by the Regulations is wide including land and mobile plant but not including vehicles or vessels.

The following premises will be included in the Regulations:

Industrial businesses
Commercial businesses
Institutions (residential and non-residential)
Farms

What are the main provisions of Regulations?

Tanks, drums or other containers must be strong enough to hold the oil without leaking or bursting,
Oil container must be positioned to avoid damage or suitably protected by physical means,
A secondary containment system (e.g. bund or drip tray) must be provided to catch any oil leaking from the container or its ancillary pipework and equipment,
The secondary containment system must be sufficient to contain at least 110% of the maximum contents of the oil container. Where more than one container is stored, the bund should be capable of storing at least 110% of the largest tank or at least 25% of the total storage capacity, whichever is the greater (in the case of drums the tray/bund size should be at least 25 % of total storage capacity),
The bund base and walls must be impermeable to water and oil and checked regularly for leaks,
Any valve, filter, sight gauge, vent pipe or other ancillary equipment must be kept within the bund when not in use,
Above ground pipework must be properly supported,
Below ground pipework must be protected from physical damage and have adequate leakage detection.

SEPA has power to serve enforcement notices to minimise pollution risks for all oil storage during the implementation period.

What exemptions apply?

The storage of oil on premises used wholly or mainly as a single private dwelling with an oil storage capacity of less than 2,500 litres.

The storage of oil in any container which is situated wholly underground i.e. below the level of the adjacent ground (unless situated within a building underground)

Where the oil is stored in accordance with:

an authorisation under Part I of the Environmental Protection Act 1990 in respect of a Part A process falling within the description set out in Schedule 1 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991;
a permit under the Pollution Prevention and Control (Scotland) Regulations 2000 in respect of a Part A activity as defined in Schedule 1 to those Regulations

Premises used for the onward distribution of oil to other places i.e. oil distribution depots. This includes sites where operations such as blending and filling are carried out, but does not include fuel installations for transport companies.

The regulations do not apply to uncut bitumen

Despite the above exemptions, SEPA still have enforcement powers under The Water Environment (Controlled Activities) (Scotland) Regulations 2005, if they consider the activity on the site is having or likely to have a significant adverse impact on the water environment.

What should you do to avoid the risk of non-compliance?

You should carry out a comprehensive survey of all fuel or oils stored on the premises, including a risk assessment of ‘significant risk'. The report should cover all aspects of the installation, including bunding, ancillary equipment, oil spill control and service and maintenance records.

Any ‘significant risk' items should be rectified immediately. A plan should then be drawn up to bring all the other installations into regulatory compliance by the cut off date of April 2010.