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7 September 2008

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The Control of Pollution (Oil Storage) (England) Regulations 2001

For many years oil was the most common pollutant reported to us. Before 2003, we were told about over 5000 incidents every year. For the last five  years the numbers have dropped and in 2006 there were about 3500 oil pollution incidents. That's still over 9 incidents a day that could have been avoided. We are working with the oil industry, oil tank manufacturers, oil delivery companies, businesses and the public to make sure this downward trend continues.

Most problems are caused by poorly maintained oil stores and bad delivery practices. That’s why we have The Control of Pollution (Oil Storage) (England) Regulations 2001, which require tank owners to provide a secondary containment facility, such as a bund or drip tray, to prevent oil getting into the water environment.

The regulations apply in England and affect you if you store oil in containers greater than 200 litres, above ground at an industrial, commercial or institutional site, or if you store more than 3500 litres of oil at a domestic property. The Water Environment (Oil Storage) (Scotland) Regulations 2006 apply in Scotland. The Scottish regulations are different from the England regulations and you should check them for oil storage in Scotland. There is currently no consultation date for regulations in Wales or Northern Ireland.

How do we enforce the regulations?
The Environment Agency is responsible for enforcing these regulations in England. We can give you advice and guidance to help you get your storage facilities up to scratch. However, if you don't act, we may take legal action for non-compliance and could serve a notice to make you bring the facilities up to standard. Failure to comply with this notice would be a criminal offence and may result in prosecution.

The regulations cover oil storage at many types of site. If you are responsible for oil storage at a factory, shop, office, hotel, pub, restuarant,school, church, village hall, public sector building, community centre or hospital in England, the regulations are likely to apply.
The regulations do not apply:

  • at premises used for refining or distributing oil;
  • for oil stored in a building or entirely underground;
  • to the agricultural use of oil on farms for the production of heat and power. The storage of agricultural fuel oil is covered by the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations, 1991;
  • to waste mineral oil;
  • at premises used mainly as a single private dwelling where less than 3500 litres of oil is stored. However, Building Regulations do apply for new and replacement domestic tanks.

More advice
Use the links on the left to find out about the standards required for storing oil as well as answers to Frequently Asked Questions and guidance on domestic oil storage. We also publish Pollution Prevention Guidance notes on oil storage that provide practical advice to help you comply with the regulations. You can find this under the ‘see also’ link on the left.


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©The Environment Agency 2008
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Author: Teresa Brown | enquiries@environment-agency.gov.uk