The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016

Publication Date:January 01, 2016
 
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2016No. 359 (W. 112)

WATER RESOURCES, WALES

The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016

14March2016

15March2016

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 92 and 219(2) of the Water Resources Act 1991( 1) and section 62 of the Regulatory Enforcement and Sanctions Act 2008( 2) (‘the 2008 Act’).

The Welsh Ministers are satisfied, in accordance with section 66 of the 2008 Act, that the Natural Resources Body for Wales (which is the regulator for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations.

A draft of these Regulations has been laid before, and approved by a resolution of, the National Assembly for Wales in accordance with section 62 of the 2008 Act.

Title, application and commencement

1.—(1) The title of these Regulations is the Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016.

(2) These Regulations apply in relation to Wales.

(3) Subject to paragraphs (4) and (5), these Regulations come into force on 15 March 2016.

(4) Subject to paragraph (5), these Regulations come into force on 15 March 2020 in relation to any container in which oil is being stored on 15 March 2016.

(5) These Regulations come into force on 15 March 2018 in relation to any container—

(a) in which oil is being stored on 15 March 2016; and

(b) which is situated—

(i) less than 10 metres away from any inland freshwaters or coastal waters; or

(ii) less than 50 metres away from a well or borehole.

Interpretation

2. In these Regulations—

‘container’ (‘cynhwysydd’) means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to a fixed pipe or fixed pipework) an intermediate bulk container;

‘drum’ (‘drwm’) means an oil drum or similar container used for storing oil;

‘fixed tank’ (‘tanc sefydlog’) includes an intermediate bulk container which is connected to a fixed pipe or pipework;

‘oil’ (‘olew’) means any kind of oil except uncut bitumen;

‘premises’ (‘mangreoedd’) includes land but does not include vehicles or vessels;

‘secondary containment system’ (‘system atal eilaidd’) means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing oil which is no longer in its container from escaping from the place where it is stored;

‘small bore suction pipe’ (‘sugnbibell ceudod bychan’) means a suction pipe with a diameter of less than 8 millimetres.

Scope of Regulations

3.—(1) Subject to paragraphs (2) to (4), these Regulations apply in any case where oil is stored.

(2) These Regulations do not apply in a case where oil is stored in any container—

(a) which has a storage capacity of 200 litres or less; or

(b) which is situated wholly underground (unless that container is situated within a building).

(3) These Regulations do not apply in a case where the storage of oil is subject to an environmental permit within the meaning of regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2010( 3).

(4) These Regulations do not apply in a case where oil is stored on premises which are—

(a) used wholly or mainly as a private dwelling if the container in which the oil is stored was in use for storing oil on the date on which these Regulations came into force in relation to that container (see regulation 1);

(b) used as an oil distribution depot; or

(c) used for refining oil.

Requirements in relation to oil storage containers

4. A person who has custody or control of oil must ensure that the oil is stored in a container which—

(a) is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in ordinary use;

(b) has been installed without adversely affecting that strength and structural integrity; and

(c) is situated within a secondary containment system in relation to which the requirements of regulation 5 are satisfied.

Requirements in relation to secondary containment systems

5.—(1) A person who has custody or control of any oil must ensure that the requirements of this regulation are complied with.

(2) Subject to paragraphs (3) and (4), the secondary containment system mentioned in regulation 4(c) must have a capacity not less than 110% of the container's storage capacity.

(3) Where the secondary containment system contains more than one container, it must have a capacity not less than—

(a) 110% of the storage capacity of the largest container (or of one container where they are of equal capacity); or

(b) 25% of the aggregate storage capacity of the containers,

whichever is the greater.

(4) Where any drum is used for the storage of oil in conjunction with a drip tray as a secondary containment system, the tray must have a capacity of not less than—

(a) 25% of the storage capacity of the drum; or

(b) (if two or more drums are used at the same time with the tray) 25% of the aggregate storage capacity of the drums,

whichever is the greater.

(5) The secondary containment system must be positioned, or other steps must be taken, so as to minimise any risk of damage by impact so far as is reasonably practicable.

(6) The base and walls of the secondary containment system—

(a) must be impermeable to water and oil;

(b) must not be penetrated by any valve, pipe or other opening which is used for draining the system.

(7) If any fill pipe or draw off pipe penetrates the base or any of the walls of the secondary containment system, the junction of the pipe with the base or the walls must be sealed in such a way as to prevent oil escaping from the system.

(8) Any valve, filter, sight gauge, vent pipe or other equipment ancillary to the container (other than a fill pipe or a draw off pipe) must be situated within the secondary containment system.

(9) If the connection point to a fill pipe is not within the secondary containment system, a drip tray must be used to catch any oil spilled when the container is being filled with oil.

Requirements in relation to fixed tanks

6.—(1) A person who has custody or control of any oil must ensure that the requirements of this regulation are complied with.

(2) Where a fixed tank is used for storing oil the requirements in paragraphs (3) to (14) must be satisfied.

(3) Any sight gauge must be adequately supported and fitted with a valve which closes automatically when not in use.

(4) Any fill pipe, draw off pipe or overflow pipe must be positioned, or other steps must be taken, so as to minimise any risk of damage by impact so far as is reasonably practicable.

(5) Any pipe mentioned in paragraph (4) which is above ground must be adequately supported.

(6) Any pipe mentioned in paragraph (4) which is made of materials which are liable to corrosion must be adequately protected against corrosion.

(7) Any small bore suction pipe must be fitted with an anti-siphon valve.

(8) The tank must be fitted with an automatic overfill prevention device if the filling operation is controlled from a place where it is not reasonably practicable to observe the tank and any vent pipe.

(9) Where a screw fitting or other fixed coupling is fitted, it must be maintained in good condition and must be used whenever the tank is being filled with oil.

(10) Paragraphs (11) and (12) apply where oil from the tank is delivered through a flexible pipe which is permanently attached to the tank or a delivery pump.

(11) The flexible pipe must be fitted with a tap or valve at the delivery end which—

(a) closes automatically when not in use; and

(b) is not capable of being fixed in the open position (unless the pipe is fitted with an automatic shut-off device).

(12) The flexible pipe must either—

(a) be enclosed in a secure cabinet which is locked shut when not in use and is equipped with a drip tray; or

(b) have a lockable valve where it leaves the container which is locked shut when not in use, and be kept within the secondary containment system when not in use.

(13) Any pump must—

(a) be fitted with a non-return valve in its feed line;

(b) be positioned, or made subject to other measures, so as to minimise any risk of damage so far as is reasonably practicable; and

(c) be adequately protected from unauthorised use.

(14) Any permanent vent pipe, tap or valve through which oil can be discharged from the tank to the open must—

(a) be situated within the secondary containment system;

(b) be arranged so that any oil discharged from the tank other than to its intended destination is contained within the system; and

(c) (in the case of a tap or valve), be fitted with a lock and locked shut when not in use.

Requirements in relation to underground pipes associated with fixed tanks

7.—(1) A person who has custody or control of any oil must ensure that the requirements of...

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