Oil that escapes from a tank, drum or bowser can reach a burn, a drain or groundwater quickly, and Scotland regulates above-ground oil storage to stop it. If you store fuel oil, heating oil, hydraulic oil or lubricating oil on a site in Scotland, one of three general binding rules applies to you. You need do nothing to be authorised beyond following it.
In England, see the Oil storage regulations guide instead. This guide covers Scotland only.
Which rule applies
Scottish oil storage general binding rules
Which rule fits your storage, and the headline requirement.
| Rule | What it covers | Headline requirement |
|---|---|---|
| General binding rule 26 | Oil, other than waste oil, in a portable container of less than 200 litres | Container strong enough that it is unlikely to burst or leak in ordinary use |
| General binding rule 27 | Oil at a private dwelling, in a container of 2,500 litres or less that serves a fixed heating or cooking appliance | Container strong enough, and installed or altered in line with building regulations |
| General binding rule 28 | All other storage of oil, other than waste oil, on premises. Not vehicles, vessels or containers wholly underground | Sound container, secondary containment of 110% (or the greater of 110% of the largest container and 25% of the total), protected pipework, overfill prevention and locked delivery equipment |
What changed
Checking your site
- List every container. Note its capacity, what it holds, whether it is fixed, portable or a bowser, and where it is. Drums and intermediate bulk containers count.
- Match each to a rule. Anything of 200 litres or more on commercial premises falls under rule 28. A drum of 205 litres is in rule 28, not rule 26.
- Measure the bund. For one tank it must hold at least 110% of the tank. For several tanks in one bund it must hold the greater of 110% of the largest and 25% of the total. For drums on a drip tray, 25% of the drum capacity is enough.
- Look at the bund itself. The base and walls must be impermeable to water and oil, there must be no valve, pipe or opening through them that is used for draining it, and any pipe that passes through must be sealed. Plan how you will remove rainwater from the bund without draining it through the wall or base.
- Check the equipment. Valves, filters, gauges and vent pipes should be inside the bund, apart from fill and draw-off pipes and pumps. If the fill point is outside, use a drip tray. Fit overfill protection where the person filling cannot see the tank or vent.
- Test underground pipework and keep the record. Where a continuous leak detection device is fitted, test the device at least every 5 years. Without one, test the pipes before first use, then at least every 5 years if they have mechanical joints and at least every 10 years if they do not. Keep the test certificates so you can show SEPA.
- Lock what can be used. Bowser taps and valves must be locked shut when not in use. A flexible delivery pipe on a fixed tank must be in a locked cabinet, have a locked valve where it leaves the tank, or be in premises with appropriate security.
- Brief drivers and staff. Make sure anyone who fills or dispenses oil knows the drip tray, overfill and lock procedures.
If you run an oil distribution depot
Rule 28 covers a depot that stores oil for onward distribution. The 2006 Regulations excepted these premises and the current rules do not, so a depot that relied on that exception needs to check its bunding and pipework against rule 28. If your depot already holds a SEPA permit for storing oil for onward distribution, that permit authorises it. SEPA no longer accepts new permit applications for this activity, so a site without a permit must comply with rule 28.
If you do not comply
Failing to comply with a general binding rule is an offence under regulation 69 of the 2018 Regulations. The maximum penalty on summary conviction is a fine of £40,000 or 12 months in prison, or both, plus up to £250 for each day the offence continues after conviction. On indictment it is an unlimited fine or up to 5 years in prison, or both, plus up to £1,000 a day.
If you are unsure whether a tank is covered, or you have an underground tank or waste oil, ask SEPA before you rely on the general binding rule.
Legal basis
Primary legislation and key regulations