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Constructing Petrol retail outlet adjecent to water body
07-Oct-2023 (In Civil Law)
one person is constructing petrol retail outlet very adjacent to water body. The district collector issued NOC and RDO issued Land conversion certificate due to political pressures. at the same time that person filed caveat petition also. in this case is there any chances to get stay order to stop the work immediately. plz advice me.
YEs you can challenge the construction and also file RTI against the permission on what bases has been obtained.
kindly go through the guidelines for constructing a petrol retail
GUIDELINES FOR CONSTRUCTION OF PETROL STATIONS
1. MINIMUM STANDARD REQUIREMENTS OF A PETROL FILLING STATION
A petrol filling station should have at least:
One underground storage tank for each petroleum product sold at the station with a minimum
capacity of 5 m3
One digital dispensing pump (two-way) for each petroleum product sold at the station. All
dispensing pumps should be covered.
One service bay
One wash bay
One generation
Offices
One wastewater drainage system
Fire fighting equipments
2. UNDERGROUND STORAGE TANKS (UST)
It is required that petroleum storage tanks and filling stations be licensed and regulated to conform with
minimum standards that meet basic safety, health, operational and environmental protection.
3. CONSTRUCTION
UST shall as a minimum requirement be single walled of rolled carbon steel plates welded together.
All storage tanks at retail dispensing sites shall be placed underground.
The tank shall have a protective coating. As a minimum requirement, the tank shall be painted with
a primer, and then coated with epoxy, coal tar epoxy or similar bituminous coating. Where the
water table is high, additional protective coating measures must be undertaken.
An environmental impact assessment shall be done before construction of UST, filling stations and
storage tanks is permitted.
A site soil analysis should be done to determine the type of soil, density, resistively bearing pressure
and depth of water table.
2
Where aggressive soils have been encouraged and where the water table is high, cathodic
protection should be used for single steel walled tanks. Otherwise, secondary contained tanks, i.e., a
double-walled steel tank, double walled fiberglass or jacketed steel tanks (with high density
polythene or fiberglass outer wall) should be used.
Suitable sand shall be used for both bedding and backfilling of steel tanks.
Installed tank and pipe work shall be hydrostatically tested.
UST to be located so that delivery trucks do not unduly block forecourt traffic.
UST location to allow trucks to reach all fill pipes using normal hose length.
UST location to provide a forecourt gradient that allows complete drainage of delivery truck
compartments.
UST location to allow minimum maneuvering of truck before and after delivery including ability to
exit in forward direction.
UST shall be installed to avoid traffic load and should be sufficiently protected from traffic by using
barriers.
Placement of UST under canopy should be avoided.
4. ENVIRONMENTAL PROTECTION MEASURES
Environmental impact assessment shall be done before licensing and construction of any GFT.
Periodic environmental audits shall be performed regularly on already existing tanks.
Employees and public health protection measures must be assured. These must include insurance
coverage for the staff and third party.
Product testing/update laboratories is a prerequisite for establishment and operation of GFT.
Approved drawings of a bulk storage depot/tanks shall indicate at minimum but not limited to the
following:
o Nature and quantities of the products to be stored
o Distance between tanks
o Distance between storage and adjoining property
o Lighting arrangements
o Certification by a registered engineer
o Floating/screen roof shall be installed on the GFT and regularly checked to safeguard against
unnecessary evaporation losses
3
5. FIRE FIGHTING PROTECTION
In addition to measures mentioned UST, fire water storage and supply shall be sufficient to give at
least 6 hours of cooling water cover in case of fire.
Fire foam system shall provide protection to fire vulnerable areas (tanks loading rack, etc.).
Water system shall be installed around GFT to ensure safeness in case of fire outbreak.
6. CALIBRATION AND MAINTENANCE OF EQUIPMENTS
GFT must be calibrated in accordance with recommended standards.
All calibration equipments must be proved and certified by competent firms/individuals within a
recognized period of time, for instance 5 years for GFT and meters every 6 months.
7. WASTEWATER MANAGEMENT
The forecourt should be designed with drain channels to capture all wastewater from the forecourt,
wash bays and service bays.
The wash water shall be directed to a suitably designed three chamber oil interceptor to separate oil
before the effluent is permitted to flow in public storm water system.
Effluent going into the public waterways should be monitored regularly and records maintained to
ensure that it does not exceed the required limits.
8. VAPOUR VENTS
UST should be fitted with appropriately sized vapour vents.
Vents should terminate in open air in such a position that flammable vapours will not accumulate or
travel to unsafe place.
9. FIRE FIGHTING
A fire master certificate should be issued for any new retail dispensing or storage facility.
An appropriate inventory of fire extinguishers, at least two of 9 kgs of chemical powder, should be
available at the site and the extinguishers shall be tested every six months.
No smoking and no cell phone usage signs shall be significantly displayed in the forecourt.
4
10. FILL PIPES
All direct fill pipes should be of the same diameter as the outlet of the fuel delivery truck.
Each tank should have its own fill pipe and the size of the fill pipe should correspond to the size of
delivery truck outlets.
At the fill point the pipe shall determine with a tight fill adapter and a lockable fill cap.
A spill containment device such as a stump should be fitted at the fill point to prevent spill soaking
directly into backfill and contaminate the ground.
Fill point sea caps should remain securely locked at all times to prevent unauthorized tampering
with the products.
Periodic environmental audits shall be performed as directed by Rwanda Environment Management
Authority (REMA).
11. LICENSING PROCEDURES
All GFT, UST and filling stations must be licensed to operate. Any modification or alteration on the
existing GFT, UST and filling stations must be licensed.
Licensing procedure. The following are licensing procedures:
o An application must be received and registered by the relevant authorities.
o Plans and drawings will be checked for site location, site size, structures and traffic flow.
o Applications will then be reviewed and approved by REMA for environmental compliance.
o Then relevant organization will give the final approval and these are:
Local/Municipal Authority
REMA
Ministry with Energy Portfolio
MINICOM and RURA
To keep records in a standard form so that at any time data can be obtained.
To have “permis d’exploitation” and a trade license.
5
12. PLANNING CRITERIA FOR LOCATION OF PETROL FILLING STATIONS
Stations should be located within a growth center or an urban area except in circumstances
where it can be shown through appropriate studies that the need exists otherwise.
Stations should be located at a minimum of 100 m from any public institution such as schools,
churches, public libraries, auditoriums, hospitals, public playgrounds, etc. However, other small
and medium commercial activities may be located within the specified limits.
Distance between one petrol station and another: 150 m
Area of land to be developed should be sufficient to allow maneuvering of vehicles within its
cartilage but should not be less than 1100 m2
with a minimum frontage of 9 m on the primary
street.
Filling Stations will not be allowed in any area where the traffic situation is such that it will cause
obstructions in entering or leaving a station or on tight curves where visibility is not adequate.
Vehicular access/egress/crossover should be reasonably safe with adequate approach distances
especially where main roads and intersections are involved.
Wherever possible, stations should be erected on level rather than sloping site to prevent rolling
or discarded materials such as cans, drums, etc.
When sited in shopping centers, stations should be located in an isolated area of the
development as long as planning criteria are met, example, setback.
Environmental impact on streams, lakes, ponds, aquifer, etc., will be taken into consideration.
An Environmental Impact Assessment must be required from the applicant.
Buildings are to be located a minimum of 12 m from road property boundaries to provide
adequate area for maneuvering of vehicles in the service area.
Canopies and supports over pumps and service equipment when located less than 6 m from
interior residential lot lines or building or structure should be constructed of noncombustible
material.
Petrol pumps shall be located a minimum 30 m from any residential building.
No fuel pumps or other mechanical equipment shall be installed so as to permit servicing of
motor vehicles standing in a public street or highway.
All service areas should be paved to avoid dust nuisance.
6
Exterior design of the building should be compatible with adjacent development and should be
such that it is not detrimental to property values in the area.
Urban Stretches:
o Intersection with any category of road (irrespective of carriageway width) 100m.
o Undivided carriageway 300m
o Divided carriageway 100m if not on same side of carriage way; 300m if on same side of
carriage way
o Minimum plot size of fuel station shall be…… 35m x 35m
o Maximum building coverage……. 60%
o Minimum landscaping…………….10%
Where the site adjoins the side or rear boundary of a residential lot, a solid wall 3 m in height
should be constructed and maintained along that lot boundary.
A raised curb of at least 12 cm in height should be erected along street property lines except for
driveway openings so as to prevent operation of vehicles on sidewalks, and to define
entrance/exit points.
Signs should be in accordance with the Advertisement Regulations and should be located so as
not to reflect the sun into the face of motorists and should be large enough so that they can be
seen from a reasonable distance at a reasonable speed.
The Investor should approach the KCC Infrastructure Department for both the regulations and
approval of the location of the signage.
Stations are to be equipped with fire-fighting and fire protection equipment installed in
accordance with the Rwanda National Police (RNP), REMA and the Ministry in charge of disaster
management.
Each tank shall be vented to the atmosphere outside of buildings by means of an independent
vent pipe which should not be less than 3.6 m in height or 0.6 m above the top of the nearest
adjacent building.
All volatile flammable liquid storage tanks shall be installed below ground in compliance with
the requirements of the Ministry of Trade and Industry.
7
Integral containers of adequate design and capacity should be provided for solid waste, such as
discarded cans, bottles, etc.
Proper facilities for storage and disposal of used and waste oil and gas must be provided.
Waste water from the washing of motor vehicles et cetera and sewage disposal should be to the
satisfaction of the REMA.
Notice of intent to construct and operate a Petrol Filling Station should be posted on the site to
enable adjacent owners within a specified radius to object if they so desire.
Fuel should be stored in double-walled containers/tanks to minimize leakage and prevent
contamination of ground water.
A minimum distance of 10 m should be maintained between UST and dispensing pumps.
UST should be installed at a minimum distance of 10 m from front plot boundaries.
All vehicles should not be allowed within 2 m from the outer edge of the UST.
Normally no access to or egress from a filling station shall be closer than 45 m to any road
intersection or 75 m from the intersection of two main roads.
kindly go through the guidelines for constructing a petrol retail
GUIDELINES FOR CONSTRUCTION OF PETROL STATIONS
1. MINIMUM STANDARD REQUIREMENTS OF A PETROL FILLING STATION
A petrol filling station should have at least:
One underground storage tank for each petroleum product sold at the station with a minimum
capacity of 5 m3
One digital dispensing pump (two-way) for each petroleum product sold at the station. All
dispensing pumps should be covered.
One service bay
One wash bay
One generation
Offices
One wastewater drainage system
Fire fighting equipments
2. UNDERGROUND STORAGE TANKS (UST)
It is required that petroleum storage tanks and filling stations be licensed and regulated to conform with
minimum standards that meet basic safety, health, operational and environmental protection.
3. CONSTRUCTION
UST shall as a minimum requirement be single walled of rolled carbon steel plates welded together.
All storage tanks at retail dispensing sites shall be placed underground.
The tank shall have a protective coating. As a minimum requirement, the tank shall be painted with
a primer, and then coated with epoxy, coal tar epoxy or similar bituminous coating. Where the
water table is high, additional protective coating measures must be undertaken.
An environmental impact assessment shall be done before construction of UST, filling stations and
storage tanks is permitted.
A site soil analysis should be done to determine the type of soil, density, resistively bearing pressure
and depth of water table.
2
Where aggressive soils have been encouraged and where the water table is high, cathodic
protection should be used for single steel walled tanks. Otherwise, secondary contained tanks, i.e., a
double-walled steel tank, double walled fiberglass or jacketed steel tanks (with high density
polythene or fiberglass outer wall) should be used.
Suitable sand shall be used for both bedding and backfilling of steel tanks.
Installed tank and pipe work shall be hydrostatically tested.
UST to be located so that delivery trucks do not unduly block forecourt traffic.
UST location to allow trucks to reach all fill pipes using normal hose length.
UST location to provide a forecourt gradient that allows complete drainage of delivery truck
compartments.
UST location to allow minimum maneuvering of truck before and after delivery including ability to
exit in forward direction.
UST shall be installed to avoid traffic load and should be sufficiently protected from traffic by using
barriers.
Placement of UST under canopy should be avoided.
4. ENVIRONMENTAL PROTECTION MEASURES
Environmental impact assessment shall be done before licensing and construction of any GFT.
Periodic environmental audits shall be performed regularly on already existing tanks.
Employees and public health protection measures must be assured. These must include insurance
coverage for the staff and third party.
Product testing/update laboratories is a prerequisite for establishment and operation of GFT.
Approved drawings of a bulk storage depot/tanks shall indicate at minimum but not limited to the
following:
o Nature and quantities of the products to be stored
o Distance between tanks
o Distance between storage and adjoining property
o Lighting arrangements
o Certification by a registered engineer
o Floating/screen roof shall be installed on the GFT and regularly checked to safeguard against
unnecessary evaporation losses
3
5. FIRE FIGHTING PROTECTION
In addition to measures mentioned UST, fire water storage and supply shall be sufficient to give at
least 6 hours of cooling water cover in case of fire.
Fire foam system shall provide protection to fire vulnerable areas (tanks loading rack, etc.).
Water system shall be installed around GFT to ensure safeness in case of fire outbreak.
6. CALIBRATION AND MAINTENANCE OF EQUIPMENTS
GFT must be calibrated in accordance with recommended standards.
All calibration equipments must be proved and certified by competent firms/individuals within a
recognized period of time, for instance 5 years for GFT and meters every 6 months.
7. WASTEWATER MANAGEMENT
The forecourt should be designed with drain channels to capture all wastewater from the forecourt,
wash bays and service bays.
The wash water shall be directed to a suitably designed three chamber oil interceptor to separate oil
before the effluent is permitted to flow in public storm water system.
Effluent going into the public waterways should be monitored regularly and records maintained to
ensure that it does not exceed the required limits.
8. VAPOUR VENTS
UST should be fitted with appropriately sized vapour vents.
Vents should terminate in open air in such a position that flammable vapours will not accumulate or
travel to unsafe place.
9. FIRE FIGHTING
A fire master certificate should be issued for any new retail dispensing or storage facility.
An appropriate inventory of fire extinguishers, at least two of 9 kgs of chemical powder, should be
available at the site and the extinguishers shall be tested every six months.
No smoking and no cell phone usage signs shall be significantly displayed in the forecourt.
4
10. FILL PIPES
All direct fill pipes should be of the same diameter as the outlet of the fuel delivery truck.
Each tank should have its own fill pipe and the size of the fill pipe should correspond to the size of
delivery truck outlets.
At the fill point the pipe shall determine with a tight fill adapter and a lockable fill cap.
A spill containment device such as a stump should be fitted at the fill point to prevent spill soaking
directly into backfill and contaminate the ground.
Fill point sea caps should remain securely locked at all times to prevent unauthorized tampering
with the products.
Periodic environmental audits shall be performed as directed by Rwanda Environment Management
Authority (REMA).
11. LICENSING PROCEDURES
All GFT, UST and filling stations must be licensed to operate. Any modification or alteration on the
existing GFT, UST and filling stations must be licensed.
Licensing procedure. The following are licensing procedures:
o An application must be received and registered by the relevant authorities.
o Plans and drawings will be checked for site location, site size, structures and traffic flow.
o Applications will then be reviewed and approved by REMA for environmental compliance.
o Then relevant organization will give the final approval and these are:
Local/Municipal Authority
REMA
Ministry with Energy Portfolio
MINICOM and RURA
To keep records in a standard form so that at any time data can be obtained.
To have “permis d’exploitation” and a trade license.
5
12. PLANNING CRITERIA FOR LOCATION OF PETROL FILLING STATIONS
Stations should be located within a growth center or an urban area except in circumstances
where it can be shown through appropriate studies that the need exists otherwise.
Stations should be located at a minimum of 100 m from any public institution such as schools,
churches, public libraries, auditoriums, hospitals, public playgrounds, etc. However, other small
and medium commercial activities may be located within the specified limits.
Distance between one petrol station and another: 150 m
Area of land to be developed should be sufficient to allow maneuvering of vehicles within its
cartilage but should not be less than 1100 m2
with a minimum frontage of 9 m on the primary
street.
Filling Stations will not be allowed in any area where the traffic situation is such that it will cause
obstructions in entering or leaving a station or on tight curves where visibility is not adequate.
Vehicular access/egress/crossover should be reasonably safe with adequate approach distances
especially where main roads and intersections are involved.
Wherever possible, stations should be erected on level rather than sloping site to prevent rolling
or discarded materials such as cans, drums, etc.
When sited in shopping centers, stations should be located in an isolated area of the
development as long as planning criteria are met, example, setback.
Environmental impact on streams, lakes, ponds, aquifer, etc., will be taken into consideration.
An Environmental Impact Assessment must be required from the applicant.
Buildings are to be located a minimum of 12 m from road property boundaries to provide
adequate area for maneuvering of vehicles in the service area.
Canopies and supports over pumps and service equipment when located less than 6 m from
interior residential lot lines or building or structure should be constructed of noncombustible
material.
Petrol pumps shall be located a minimum 30 m from any residential building.
No fuel pumps or other mechanical equipment shall be installed so as to permit servicing of
motor vehicles standing in a public street or highway.
All service areas should be paved to avoid dust nuisance.
6
Exterior design of the building should be compatible with adjacent development and should be
such that it is not detrimental to property values in the area.
Urban Stretches:
o Intersection with any category of road (irrespective of carriageway width) 100m.
o Undivided carriageway 300m
o Divided carriageway 100m if not on same side of carriage way; 300m if on same side of
carriage way
o Minimum plot size of fuel station shall be…… 35m x 35m
o Maximum building coverage……. 60%
o Minimum landscaping…………….10%
Where the site adjoins the side or rear boundary of a residential lot, a solid wall 3 m in height
should be constructed and maintained along that lot boundary.
A raised curb of at least 12 cm in height should be erected along street property lines except for
driveway openings so as to prevent operation of vehicles on sidewalks, and to define
entrance/exit points.
Signs should be in accordance with the Advertisement Regulations and should be located so as
not to reflect the sun into the face of motorists and should be large enough so that they can be
seen from a reasonable distance at a reasonable speed.
The Investor should approach the KCC Infrastructure Department for both the regulations and
approval of the location of the signage.
Stations are to be equipped with fire-fighting and fire protection equipment installed in
accordance with the Rwanda National Police (RNP), REMA and the Ministry in charge of disaster
management.
Each tank shall be vented to the atmosphere outside of buildings by means of an independent
vent pipe which should not be less than 3.6 m in height or 0.6 m above the top of the nearest
adjacent building.
All volatile flammable liquid storage tanks shall be installed below ground in compliance with
the requirements of the Ministry of Trade and Industry.
7
Integral containers of adequate design and capacity should be provided for solid waste, such as
discarded cans, bottles, etc.
Proper facilities for storage and disposal of used and waste oil and gas must be provided.
Waste water from the washing of motor vehicles et cetera and sewage disposal should be to the
satisfaction of the REMA.
Notice of intent to construct and operate a Petrol Filling Station should be posted on the site to
enable adjacent owners within a specified radius to object if they so desire.
Fuel should be stored in double-walled containers/tanks to minimize leakage and prevent
contamination of ground water.
A minimum distance of 10 m should be maintained between UST and dispensing pumps.
UST should be installed at a minimum distance of 10 m from front plot boundaries.
All vehicles should not be allowed within 2 m from the outer edge of the UST.
Normally no access to or egress from a filling station shall be closer than 45 m to any road
intersection or 75 m from the intersection of two main roads.
Helpful?
22+
22+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Right to live in clean environment is fundamental right. Article 21 Protection of life and personal liberty “No person shall be deprived of his life or personal liberty except according to procedure established by law”
A caveat petition is a precautionary measure to know if some case is going to be filed in the Court regarding their interest in any manner, the validity of the petition is 90 days only. You can file a Writ Petition in High Court and ask for Interim Order to stop the work immediately. Good Luck.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
A caveat petition is a precautionary measure to know if some case is going to be filed in the Court regarding their interest in any manner, the validity of the petition is 90 days only. You can file a Writ Petition in High Court and ask for Interim Order to stop the work immediately. Good Luck.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
Helpful?
10+
10+
Adv. Sameer Hussain
Hyderabad | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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