1 Since I am not sure how much people are aware of the process - PDF document

This presentation is aimed at described the role of the local authority role with domestic heating oil spillages and for the purposes of clarity, we are looking at tanks containing less than 2,500 litres and used for a residential property, not an agricultural supply. We are also simply looking at Scotland only and the reasons for this disclaimer will become apparent as we go through the presentation. 1

Since I am not sure how much people are aware of the process involved with a domestic heating oil tank, how it is operated and how the oil is typically supplied. I thought I would give a very brief overview of the process and note, when problems can arise. Then move onto legislation and the role of environmental health department in dealing with this problem. 2

This is the most modern and I suppose more common type of tank, you will tend to see. It is manufactured in type of robust plastic and the double skin provides a self contained bund for any spillages which may occur in the tank and is compliant with the Water Environment (Oil Storage) (Scotland) Reg 2006 and compliant with English and North Ireland Regulations. One manufacturer provides a warranty for 10 years for this type of tank and I would imagine it would have a lifespan of at least 20 years depending on environmental factors. Comes in various sizes but generally around 1,300 litres for the more domestic setting and its gravity fed. 3

This is another style of tank, which is metal single skin, and is gravity fed which is why it is raised off the ground and contained within a separate building. The pipe work then is fed from the tank through into the boiler in the kitchen. It holds around 1,000 litres. 4

The most commonest form of problems with an oil tank are: Spillages when filling by Delivery Company Damage to pipework causing a small sustained leak Failure of the tank and failure of bend Theft 5

The easiest way to explain how spillages can happen in delivery is to go back to the slide of the metal single skin tank. The delivery tanker turns up and uses a high pressure hose to dispense the oil and the amount to be dispensed is normally dialled in before hand and its similar to filing a car tank but a lot faster as typically 1,000 litres can be dispensed in a matter of a few minutes. All drivers do carry a spill kit for an emergency. How they fill this type of tank is filled is by climbing up using the adjacent wooden frame, removing the brick and then filling the tank. How they know it is full is when the fuel hits their fingers dangling in the top. All very high tech and sophisticated just like the tank measuring tool in the picture. Some more modern tanks have gauges and can even arrange for an oil delivery but we tend to use the stick method. So you can see how a spillage could occur easily in the delivery process. I will ignore the other H&S issues, but the platform is stable. 6

Since it our Christmas meeting, time for a brief question? Which tank is connected? The white or black one? Some people do not supervise the delivery of the oil especially of the tank is easily accessible for the delivery driver, they assumed he would know which tank to fill and whilst this is a mock up, the actual situation we had was identical green tanks placed side by side in a garden and yes the delivery driver (who was a regular visitor) filled up the unconnected tank and only realised what happened when the oil flowed out the tank……. 7

The oil line for the heating system often runs underneath a property and can leak, normally this is a slow leak over time and the first time a householder is aware of this problem is the distinctive oily smell in the house or staining. This can be a pest to trace and track it down and oil like water can travel a distance. It can also have been going on for a while before anyone spots the problem. Tank Failure. Normally it’s just after the tank has been filled, suddenly the householder is wondering why the heating is not coming on and goes out to investigate and discovers the hard way where all the oil has gone… or even worse, your neighbour knocks on your door to tell you, that their garden is now holding you latest oil delivery. That tiny crack has suddenly became a problem, as the tank has failed. 8

As you can imagine in a plastic tank situated outside, one the methods of stealing the oil is to drill a hole in the tank or cut the oil supply pipelines. Sometimes they will syphon it off but either way they are not going to be concerned about spillages or use a spill kit. If you are wondering but why steal heating oil ? Apparently it can be used in a diesel engine effectively and unlike red diesel, there is no colour marker in it…… 9

So you have discovered a spill from a domestic tank and your next call is to Environmental Health for help… 10

So if you expect us to rush out with a spill kit, immediately after your phone call, sorry that is not going to happen, you should have had that already had one in place. Sometimes, I wish people with a domestic heating oil tank get a leaflet telling them what to do in an emergency along with a spill kit or what to grab in the event of an emergency, as kitty litter can be an effective absorbent and if you have a small crack apparently soap in the crack and be a good quick temporary fix. However, very little direct legislation is available to Envi health to deal with an oil spill, it all comes down to the Statutory Nuisance Regulations under the Environmental Protection Act 1990. As statutory nuisance can be described as an accumulation or deposit which is prejudicial to health or a nuisance and if the spill has contaminated the land, it can then be argued that harm is being caused or there is the possibility of harm being caused. 11

This would allow Envi Health to serve a notice – requiring the abatement of the nuisance or restricting its occurrence or re occurrence and requiring various works to be carried out as deemed necessary. BUT 12

But how does this actually help the poor householder.. The problem is no specific legislation is available for Environmental Health to act on a domestic oil spill. At this point you are probably thinking but doesn’t Envi health, protect peoples health? The problem is we can only use the tools we have available and whilst we can serve a notice saying solve the problem, but that’s only after we have proven that it is a statutory nuisance and demonstrated that it is a problem. All of which takes time. If the spill is so bad, then yes we can probably arrange for emergency housing for you, but we would have to be certain it was actually causing a problem to you staying in the property but if the spill was in the garden …….. 13

So what happens in reality, is we try to work out a solution with everyone involved, but generally speaking we do end up getting the person’s household insurance involved and often they have to make a claim for the investigation and remediation of the problem. Sometimes Envi Health never find out about anything until a planning application is received for the demolition and rebuild of the property, yes, that has happened as it penetrated the walls and it was the only currently viable solution at the time. However, there is no duty on anyone to tell us something has happened and unless it has had a direct effect on a watercourse, then SEPA would also remain in the dark. So what about SEPA … do they have any powers, should the householder be calling them instead? 14

Well SEPA has the Water Environment (Oil Storage) (Scotland) Regulations 2006 As I mentioned earlier, this is to do with a domestic heating oil storage of under 2,500 litres. Did you note the exemption? So it only applies to new or alter tanks so my metal tank is exempt and entirely legal. Only new and replacement single domestic tanks are covered by the Building Regs 2004 requiring secondary containment. Some of you might have also have noted that there is no requirement for routine inspection of the tank or the pipelines. So they are not involved either ….. as they are not even interested in your tank in the first place. 15

So I am guessing by know you are starting to realise my I would tend to call this a Cinderella problem, as the problem exists but very little can be done about it as we don’t have the legislative tools to identify the problem, manage and remediate if necessary and every so often I climb up on my soap box about it But since its our Christmas slot and I am feeling in a festive mood …… 16

Santa, can I have a piece of legislation which covers this type of pollution based complaint, oh and any chance of a definitive set of numbers for contaminated land as well please……I promise to behave while my boss is listening……. 17