The Control of Pollution (Oil Storage) (England) Regulations 2001 apply in England and require industrial, commercial or civic site tank owners to provide a secondary containment facility, such as a bund or drip tray, to prevent oil getting into the water environment, if you store oil in containers greater than 200 litres, above ground, 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 English regulations and you should check them for oil storage in Scotland. There is currently no consultation date for regulations in Wales or Northern Ireland.

The regulations cover oil storage at many types of site. If you are responsible for oil storage at a factory, shop, office, hotel, pub, restaurant, 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 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.
• 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;

Home heating oil tanks - the law

You must make sure that any new or replacement oil tank complies with the building regulations which are controlled by your local authority. You need a building notice (if the work isnt already under full Building Regulations approval) to show that it complies with building regulations. Or you could also use a qualified and registered tank technician who, as a "Competent Person", can self-certify their building regulations work. The Oil Firing Technical Association (OFTEC) registers trained and qualified tank technicians. To comply with these regulations you must make sure that the tank and pipes are installed, constructed and protected to reduce the risk of oil escaping and causing pollution. A notice with information about what to do if oil is spilt or lost must be fixed to the tank.

The following risk assessment must be carried out and if any of these points apply, your oil tank needs secondary containment (bunded tank or bund built around tank)

If the tank:

• Has a capacity of greater than 3500 litres.
• Is sited within 10m of a "controlled water" such as a stream, ditch, river, lake, pond, canal or coastal water.
• Is sited where any oil spillage could run into an open drain or loose fitting manhole cover.
• Is sited within 50m of sources of drinking water, such as a well, borehole or spring.
• Is sited over hard ground or hard surfaced ground that could allow spilled oil to enter "controlled water".
• Is sited where the tank vent pipe outlet cannot be seen from the fill point.

What to do if you have a leak or spill

If you have a spillage or leak, stop the flow at the source. Use your oil spill kit, or an absorbing material such as sand or earth, to surround or cover the oil and prevent it from entering drains or watercourses.

Never use detergents or a hose to wash spilt oil away. Oil will contaminate soil and could pollute groundwater. If a spillage has soaked into the ground it is important to get all contaminated soil removed quickly to prevent long term contamination problems on your or neighbouring land.

If you have a spill, call the Environment Agency on their 24 hour emergency pollution hotline on 0800 807060.