Storage tank solutions

Two of the key pieces of legislation that you could breach if you don’t properly maintain your primary containment are:

The Water Resources Act 1991 states that ‘It is an offence to cause or knowingly permit any poisonous, noxious or polluting material, or any solid waste to enter any controlled water.’

Environmental Permitting Regulations 2016 state that ‘It is an offence to cause or knowingly permit a water discharge activity or a groundwater activity without an environmental permit.’

A pollution incident because of a poorly maintained asset or inadequate containment is a strict liability offence and failure to adhere to standards and good practice guidance is a key factor in considering enforcement action.

The onus is on operators to demonstrate compliance with regulation to reduce the risk of a pollution incident. A robust asset maintenance programme is essential for providing the information needed for service log scrutiny in the event of an incident or during routine environmental inspections.

The implications of failing to adequately protect the environment range from environmental, legal, financial, and reputational.

There has also been a marked increase in the level of fines over the last decade, especially for large companies. In certain circumstances, senior officers of offending businesses have been held personally liable.

Spillages can cause significant damage to the environment. Oil users and tank owners have a legal responsibility to maintain their tanks and are directly responsible for any clean-up costs.