Are distributors committing an offence by delivering to a non-compliant tank?
Defra has said this would not be an offence as it is the non-compliance of the tank that constitutes the offence.
However, if a pollution incident happens during, or following, a delivery, we'll look closely at the circumstances to see if the distributor used appropriate judgement to decide if the tank was fit to receive the delivery.
Do we expect oil delivery company drivers to have sufficient knowledge of the regulations to identify a non-compliant tank?
We expect drivers to have adequate training to cover this requirement.
The training should include appropriate industry guidance.
The requirements are to use common sense when handling a product that has a big environmental impact.
Who is responsible for a tank loaned to a customer?
In loaning cases it would depend on what is meant by loaning and what agreements and conditions are attached to the loan.
A company who supplied an unbunded tank to a customer would not necessarily be in breach of the regulations. This is because it's the customer who has control of the oil (not the tank).
A company who supplies tanks without bunds is unlikely to be in breach of the regulations (subject to any agreement regarding the loan of the tank).
We urge customers to insist on being supplied with bunded tanks to reduce their liability under the regulations.
A supplier could provide a tank that was not bunded for a user to install in a bund.
The ultimate responsibility must rest with the site operator (who has custody or control of the oil).
What are the legal requirements to maintain tanks?
There are no legal requirements for the maintenance of tanks. For guidance, please read Pollution Prevention Guidance Note 2, Above Ground Oil Storage.
OFTEC qualified registered technicians do an annual check on tank installations when they routinely inspect a boiler and they also produce a tank checklist.
We expect visual checks to be done at least weekly and would encourage tank checks to become part of the routine maintenance schedule.
How do we enforce the regulations?
We are responsible for enforcing these regulations in England. Failure to comply is a criminal offence. You could be fined up to £5000.
If you are concerned that your oil storage facilities are inadequate, we will provide advice and guidance to assist you with compliance.
In most cases, we seek voluntary compliance.
We can obtain and issue a notice to compel facilities to improve their standards.
Failure to comply with the notice is a criminal offence and may result in prosecution.
What are we doing to promote the regulations?
We are continually working with oil suppliers and companies that supply oil storage products to raise awareness.
We also write magazine articles, attend exhibitions and give presentations.
