An Orkney man has called on the Scottish Parliament to close a loophole that exempts some oil depots from stringent environmental protection measures.
Simon Brogan said an “arbitrary distinction” exists between bulk storage where the fuel is meant to be used on site and that destined for “onward distribution”.
He told MSPs that Kirkwall has two bulk storage depots, but only one is required to have the proper containment in place in case of leaks.
Kirkwall Power Station, with two 500 tonnes tanks of diesel, is required to have modern bunding because it is covered by the Water Environment Oil Storage Regulations (Scotland) Act 2006, Holyrood’s public petitions committee heard.
However, the Shore Street oil distribution depot in Kirkwall which holds up to 1,640 tonnes of diesel and kerosene, does not come under the act because the fuel is for “onward distribution”, Mr Brogan said.
MSPs heard that the nearest houses were just 30ft from the Shore Street tanks.
Mr Brogan said: “Given that four out of six tanks at Shore Street were built in 1938 I think the Scottish Parliament has really got a duty to do something about this.”
He claimed the regulations meant there was an “arbitrary distinction” between the two depots which exempted the oil industry from having to instal expensive environmental protection at the Shore Street depot.
“There is no sense to this distinction of onward distribution, because in fact the oil storage in a oil distribution depot means there is a lot more oil coming and going. It means there is more risk,” Mr Brogan said.
Mr Brogan’s petition is his second on the siting of oil depots in urban areas since the Buncefield oil depot in Hertfordshire was flattened by a series of explosion that left 40 people injured in 2005.
The petitions committee decided to get the views of the Scottish Environment Protection Agency, Scottish Fire and Rescue Service, the Scottish Government, Orkney Islands Council and the site operator.