Garden waste service terms and conditions

Terms and conditions - Garden Waste Service (to be introduced in April 2021)

This agreement is made between the resident (‘the Customer’) and Derbyshire Dales District Council (‘the Council’) and sets out the terms and conditions under which the Customer may use the Council's garden waste fortnightly collection service (‘the Service’).


1. Service Subscription

1.1 The Council does not have a statutory duty to collect garden waste. You will be required to subscribe to the garden waste collection service for which there will be a charge.
1.2 This service is for householders not businesses. All residential premises and properties within the District assessed as suitable will be eligible for the service.
1.3 Customer subscriptions are renewed annually and only customers who have paid their subscription in advance are guaranteed to receive the Service from the start of the Service year.
1.4 The subscription consists of an annual charge to the Customer which is set by the Council for the period April to March each year. The cost of the Service is determined by the Council on an annual basis. The full fee will still be required whatever date the subscription was taken out within the 12 month period.
1.5 Full payment, including the payment for any additional bins will be taken at the point of subscription and before the Service is provided.
1.6 The Service will provide a 240l wheeled bin (‘the wheelie bin’) in order to enable garden waste collections. In the event that the customer’s property is unsuitable for a wheelie bin collection, an alternative method of collection will be provided, namely the provision of 126 biodegradable garden waste sacks to the Customer.
1.7 The Service subscription fee is £50 per bin required. Additional bins no matter when they are purchased will have the same end of year renewal date.
1.8 Neighbours can share the Service, but the wheelie bin must be registered at one property for collections and the subscription. The agreement to share the bin is between the Customers only.
1.9 Communal properties wishing to subscribe to the service must register through their housing association/letting agent or formal residents group.
1.10 Payment can be made by credit or debit card as part of the subscription application process. You can complete a subscription application on line at www.derbyshiredales.gov.uk/gardenwaste or by contacting our Business Support Team on 01629 761 223.
1.11 In the 3 month period before the subscription period ends a reminder to subscribe for a further 12 month period will be issued.

2. Garden Waste Permits

2.1 When full payment has been received for the Service a self-adhesive
permit will be issued. The self-adhesive permit provides a visual identification of payment which will allow the collections crews to identify which garden waste bins are to be emptied.
2.2 If you subscribe to have more than one bin emptied you will receive a permit for each bin.
2.3 The wheelie bin must display the permit that is issued by the Council upon payment of the annual charge. It is the responsibility of the Customer to display the subscription permit on the wheelie bin. The subscription sticker must be displayed underneath the handle on the body of the wheelie bin. It must be presented in accordance with the clauses in section 5 of this agreement and positioned so that the subscription permit is visible from the roadside.
2.4 The garden waste sacks used must be those that are issued and marked with the current subscription year. Properties subscribing to the garden waste sack collection will be registered on the in-cab system. Should a property not registered put out sacks they will not be collected by the crew.

3. Storage of Wheelie bins and Garden Waste Sacks

3.1 Wheelie bins or garden waste sacks shall be kept at the property stated when the Customer ordered the Service and may only be removed with the prior permission of the Council. The wheelie bins or garden waste sacks remain the property of the Council at all times.
3.2 The Customer will be responsible for any loss (including theft) or damage to the wheelie bin(s, and will be required to pay the Council a pre agreed cost which will include the cost of the wheelie bin, delivery and admin cost arising from any such loss, theft or damage.
3.3 Throughout the subscription period the Customer shall be responsible for the safekeeping of the wheelie bin(s)/garden waste sacks provided, the cleanliness of the wheelie bin(s) and the cleanliness of the site around the wheelie bin(s)/garden waste sacks.
3.4 Only wheelie bins that are damaged through the fault of the Council or its Contractor and reported as such will be replaced by the Council at the Council's cost.
3.5 Replacement wheelie bins maybe second hand. The Customer should expect the second hand bin to be clean and free of writing and without faults at the time of delivery.
3.6 If the Customer decides not to pay for a replacement wheelie bin(s)/garden waste sacks they will be unable to present garden waste for collection and by default, choose to opt out of the Service. They will not however, receive a refund.

4. Moving house

4.1 If customers move house within the District your subscription will continue at your new address. Customers will be sent a new sticker for the wheelie bin(s) at your new property.
4.2 Customers are responsible for informing the Council that they are moving house.
4.3 Customers are responsible for the removal of the permit at their current  address and ensuring that the new permits are displayed correctly at their new address.
4.4 If Customers subscribe to the service and move to a home outside of the District the Customer will not be eligible for a refund on the subscription fee paid.
4.5 Customers may take their bin with them if moving within the District with the written permission of the Council.

5. Service conditions.

In using the Service the customer accepts that:

5.1 Wheelie bins/garden waste sacks must be presented, unless otherwise directed, on the backline of the property (i.e. at the edge of the property) at the front of the house and presented in accordance with the provisions stated in clause 2.3 of these terms and conditions
5.2 Wheelie bins/garden waste sacks must be presented on their scheduled collection day by 7am (or no earlier than … the day before) and then, retrieved by the Customer no later than 12 noon the day after collection. If the wheelie bins/garden waste stacks are not presented properly in accordance with clauses 5.1 and 2.3 of these terms and conditions on the scheduled day of collection the wheelie bin(s)/garden waste sacks cannot be reported as missed and will not be considered a missed collection for the purposes of the clauses in section 6.
5.3 Customers can check their day of collection using the My Account feature on our website or by contacting our Business Support Team.
5.4 Lids of wheelie bin(s) containing garden waste must be fully closed. The Council reserves the right not to empty bins when the lids are no fully closed as this may cause damage to the lifts whilst being mechanically emptied. The wheelie bin(s)/garden waste bags must not be compacted too densely as to make the wheelie bin(s)/garden waste sacks to heavy and unable to be emptied. The Council reserves the right not to empty the bin in this instance. If the Customer persistently does not comply with the requirements in this clause, the Council reserves the right to remove the wheelie bin(s) and cancel the Service, without refund.
5.5 Customers may use the Service for the collection of all items of household garden waste. Any waste or matter not specified on the website will be deemed as not permitted waste. The Customer is not permitted to use the Service for the collection of non-permitted waste. If non permitted waste is presented for collection using the Service, it will not be collected.
5.6 Garden waste sacks used must be those that are issued and marked with the current subscription year.
5.7 The Council reserves the right not to empty/collect any bin that in its reasonable opinion poses a health and safety risk to operatives, and may require the Customer to take steps to reduce the risk to operatives before any further attempt to empty/collect is undertaken.
5.8 Only garden waste wheelie bins/bags supplied by the Council and displaying a valid permit/year stamp will be emptied. Garden waste presented in any other container will not be collected.

6. Refunds

Refunds for the Service will only be considered where there has been a complete Service failure as detailed below.

6.1 If the Council fails to deliver a garden waste wheelie bin/garden waste
sacks within 6 weeks of the date on which the Customer should have had their first collection in any calendar year.
6.2 If the Council fails to replace a garden waste wheelie bin within 6 weeks
of the date on which the Council reported that they had damaged a bin.
6.3 If the Council or its Contractor fails to rectify a reported missed collection
of garden waste on 3 consecutive cycles. The Customer must report a missed bin collection on each occasion either @gardenwaste@derbyshiredales.cov.uk or by contacting the contact centre on 01629 761100.

7. Events outside the Council's control

7.1 The Council and its Contractor will not be responsible for any failure to perform or delay in performance of any of the Council’s obligations under these terms and conditions that is cause by an ‘Event Outside the Councils Control’. If an ‘Event Outside the Councils Control’ affects the Council's or the Contractor's ability to deliver the Service, it will resume normal Service as soon as reasonably practicable after the ‘Event Outside the Council's Control’ is over.
7.2 ‘Events Outside the Councils Control’, this means any act or event beyond the Council's or their Contractor's reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles.
7.3 The Council will not be liable for any loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council’s employees, contractors, agent or otherwise) in connection with its provision of the Service or the performance of any of its other obligations under these terms and conditions or with the use by the Customer of the Service supplied whether as a result of breach of contract, breach of statutory duty, tort (including negligence), personal injury due to slips or trips arising from the wheelie bins or garden waste sacks or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising.

8. Privacy

8.1 Derbyshire Dales District Council will treat all information provided in confidence, in accordance with the Data Protection Act 2018 and used for the purposes or purposes for which it was intended and may be shared with other departments in the council and other enforcing authorities for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements.

For more information on how we process your personal data and your rights as a data subject, visit https://www.derbyshiredales.gov.uk/your-council/web-services/about-this-website/privacy
Garden waste terms and conditions