Garden waste

1. The terms and conditions 

These are the terms and conditions (the “Terms”) on which the chargeable garden waste service (the “Service”) is provided by Dumfries and Galloway Council (the “Council”). By completing the registration form to register for the provision of the Service and agreeing to pay for the Service, an Applicant (the “Applicant”) will be deemed to have accepted these Terms. 

a. Please note these Terms are subject to change at the Council’s discretion without notice. The current version of the Terms can be found online at www.dumgal.gov.uk/wasterecycling. 

b. The Council reserves the right to withdraw or cancel the Service without notice in the event of emergency situations, civil commotion, riot, strikes, adverse weather conditions or other circumstances outwith its control. No refund of fees will be applicable in the event of the failure to deliver the Service for the reasons detailed in these Terms.

c. Further information relating to the Service can be found at www.dumgal.gov.uk/wasterecycling.

2. Eligibility

a. The Service applies to Council Tax rated domestic premises (each, a “Property”).   

b. Where Permit Holders need help to put out their Waste Bin (“Assisted Collection”), this will continue to be provided as part of the Garden Waste Collection Service. 

3. Permit and permit period

a. Registration to receive the Service should made between 1 October to 30 November for provision of the Service from 1 March to 30 November in the following year (the “Permit Period”) and a permit (“Permit”) will be provided by the Council for display on the garden waste bin (brown lid) (the “Waste Bin to show that the permit holder (the “Permit Holder”) has registered to receive the Service.

b. The Permit fee is payable per Waste Bin which will be provided by the Council.  An Applicant can apply for more than one Waste Bin per Property. A Permit is required for each Waste Bin presented for collection.

c. A Waste Bin will be emptied on a fortnightly basis during the Permit Period subject to these Terms.

4. Payment 

a. Payment for the Service must be made in advance by one of the following methods: Online at www.dumgal.gov.uk/wasterecycling by credit or debit card. Cash and credit or debit card payments can be made by visiting a Customer Services Centre.

b. The fee for provision of the Service is forty (£40) pounds sterling per Waste Bin for each Permit Period, subject to clause 4 (h).

c. If an Applicant registers to receive the Service and makes payment for the provision of the Service between 1 October and 30 November, the Applicant will receive the Service during the full Permit Period of the following year. 

d. If an Applicant registers to receive the Service and makes payment for the provision of the Service between 1 December and 31 March of the current year, the Applicant will receive the Service commencing from the following 1 June until 30 November of that year which will be the Permit Period for a Permit provided under this sub-clause d. No reduction in the fees will apply. 

e. No registration for the Service for the current year can be made after 31 March in any year.

f. Cancellation of the Service after the fourteen (14) calendar days cancellation period provided under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Cancellation Period”) will not be eligible for a refund of any fees paid.
 
g. Permit Holders will receive advance notice of renewal dates and fees for the Service each year.

h. The Council reserves the right to vary the fees for provision of the Service. Fees are set annually, and a Permit Holder will be notified of any price increase as part of the annual renewal of registration to receive the Service. The Permit Holder may refuse to register if they do not wish to pay any increased fees.  It is the responsibility of the Permit Holder to request the Council to make arrangements to uplift the Waste Bin from the Property. This can be done online at www.dumgal.gov.uk/wasterecycling.

5. Concessions 

a. If the Applicant is in receipt of a Council Tax reduction, the Applicant will be able to apply for the Service at a reduced rate of fifty per cent (50)% of the fee as varied from time to time (a “Concession”). 

b. To qualify for a Concession at the time of registration for the Service, the Applicant will be required to provide details proving that the Applicant is in receipt of the Council Tax reduction and will be deemed to have consented to any further checks carried out by the Council.

6. Garden waste collection service permit

a. Collection crews will not empty a Waste Bin which does not display a valid current Permit. If the Permit becomes lost or detached, the Permit Holder should contact the Council can be done online at www.dumgal.gov.uk/wasterecycling to request a new Permit. 

b. Permit delivery time will be approximately fourteen (14) days after the completion of registration to receive the Service or the submission of a request for a new Permit. 

c. The Permit Holder is responsible for ensuring that the valid current Permit is applied correctly to the Waste Bin as per the instructions detailed on the reverse of the valid current Permit.

d. A Waste Bin will not be emptied by the Council employees until the Permit has been received and the valid current Permit is clearly visible on the Waste Bin.

e. Permits are associated with a specific property address. They are non-transferable and valid only when presented for the Property for which they were purchased. 

f. If a Permit Holder moves house, the Permit Holder will need to apply for an updated Permit with the new address details.  The Permit Holder can apply for an updated Permit online at www.dumgal.gov.uk/wasterecycling and the time limits in clause 6(b) will apply. 

g. The Permit Holder should take their Waste Bin or Waste Bins to their new address when they move to a new Property within Dumfries and Galloway. 

h. If the Permit Holder moves outwith the region, the Waste Bin remains the property of the Council.  It is the responsibility of the Permit Holder to request the Council to make arrangements to uplift the Waste Bin from the Property.

i. The Council has no obligation to empty any Waste Bin which does not comply with these Terms.

j. The Council reserves the right to alter the specified collection day of garden waste in its own discretion if required and any changes in collection days (whether temporary or permanent) will be published on the Council website or this information will be sent by directly to the Permit Holder.

k. Current Garden Waste Collection Service calendars can be found online at www.dumgal.gov.uk/wasterecycling. 

7. Waste bin presentation 

a. The Council will provide the Permit Holder with a Waste Bin or Waste Bins after the end of the Cancellation Period provided that the registration to receive the Service has not been cancelled by the Applicant. 

b. The Council reserves the right to inspect a Waste Bin and its contents at any time to ensure proper use.

c. The Permit Holder must have adequate storage space for each Waste Bin within the curtilage of their Property at all times.

d. Waste Bins must be presented at the kerbside before 6:30am on the day of collection. The Council will not return to empty a Waste Bins or Waste Bins which were not presented timeously. The Waste Bin handle must be facing the street. After the Waste Bin is emptied, it will be returned to the point of collection. It is the responsibility of a Permit Holder to make sure that the emptied Waste Bin is returned to their Property as soon as possible to avoid issues for pavement users and stored securely. All garden waste must be wholly contained in a Waste Bin. 

e. A Waste Bin must be used for garden waste only. A Waste Bin can take the following garden waste: flowers, plants, weeds, grass cuttings, leaves, hedge cuttings, twigs and small branches, untreated/uncoloured bark.

f. A Waste Bin cannot be used for soil, turf, stone, rubble, non-native invasive species, trees, large branches, animal waste, animal bedding, edging, plant pots and any other non-garden waste. 

g. Food waste cannot be placed in a Waste Bin.

h. Only a Waste Bin supplied by the Council and showing a valid current Permit will be emptied by the Council. 

i. The Council reserves the right not to empty any Waste Bin in the following instances: -

• The Waste Bin contains incorrect items.
• The Waste Bin is too heavy to safely manoeuvre;
• The garden waste in the Waste Bin is heavily compacted, or the contents are frozen.
• The lid of the Waste Bin is not, or cannot be, properly closed.

j. Further details about how to use a Waste Bin can be found here online at www.dumgal.gov.uk/wasterecycling. 

8. Missed collections 

a. Collection errors or other conditions beyond the Council’s control may result in Service disruption or missed collections. The Council shall not be liable to any Permit Holder or any other party for failure to provide the Service. 

b. A Waste Bin which has not been emptied should be left out at the kerbside for forty-eight (48) hours after the normal expected collection and the Council will endeavour to return and empty the Waste Bin. If the Waste Bin is not emptied within this time, the Waste Bin must be removed to the Permit Holder’s Property and re-presented on the next scheduled collection day for uplift, conditions permitting. 

c. The Permit Holder must ensure that the passageway to a Waste Bin is kept clear of hazards. If any Waste Bin is inaccessible, or the passageway is determined by the Council as having the potential to cause risk or harm to the health or safety of Council employees, then the garden waste will not be collected, the Waste Bin will not be emptied, and the Permit Holder shall be required to ensure that the hazards are removed before the next scheduled collection. What constitutes risk or harm to the health or safety of Council employees will be at the sole discretion of the Council.

d. Missed Waste Bin collection notices will be uploaded online at www.dumgal.gov.uk/wasterecycling.

e. Collection errors or other conditions beyond the Council’s control may result in the Service not being provided. Should a Waste Bin not be uplifted, on scheduled collection  day, the Permit Holder should  report a missed collection to the Council this can be done online at www.dumgal.gov.uk/wasterecycling.

9. Security, cleanliness, maintenance and ownership of waste bins 

a. A Permit Holder is responsible for the security of their Waste Bin(s) and for ensuring it is maintained in a clean and hygienic condition. Any Waste Bin that is not kept in a clean and hygienic condition will not be emptied. 

b. The Permit Holder is responsible for reporting any maintenance issues regardingany Waste Bin, including minor repairs such as broken wheels and lids. The Council, on request, will repair or replace damaged Waste Bins subject to clause 11(d). 

c. A Waste Bin will at all times remain in the ownership of the Council. 

10. Contamination of waste bins or incorrect presentation

a. The Council reserves the right not to empty any contaminated Waste Bin (being a Waste Bin containing waste other than garden waste), or any Waste Bin which is not presented correctly in accordance with these Terms.  The Council will attach a hanger to such a Waste Bin which will identify that the Waste Bin has not been emptied because of contamination/incorrect presentation. 

b. The Council reserves the right not to empty any Waste Bin that is suspected of containing incorrect materials; is of excessive weight; in a dangerous condition; or which may be detrimental to the health and safety of Council staff. 

c. It shall solely be for the Council to determine if any Waste Bin meets any of the above criteria. No materials, other than those specified by the Council in Condition 7(e) will be accepted in a Waste Bin. 

d. If a Waste Bin is deemed to be contaminated, it is the responsibility of the Permit Holder to remove the item(s) of contamination prior to the next collection. If the contamination continues, the Council may remove the Waste Bin(s) and no refund of the fee paid for the provision of the Service will be paid. 

e. The Waste Bin lid must be completely closed, and no side waste will be collected, i.e., no extra waste placed next to the Waste Bin which will remain the responsibility of the Permit Holder. 

f. If a Waste Bin is too heavy to be lifted safely, the Permit Holder must remove some garden waste from the Waste Bin to make it safe to lift for the next scheduled collection.

g. If the contents of a Waste Bin are not uplifted due to garden waste being tightly lodged or frozen, the garden waste  will not be collected until the next scheduled collection day. The Permit Holder must ensure that the garden waste is freed or dislodged before re-presenting the Waste Bin for collection. 

11. Replacement and damaged bins 

a. If a Permit Holder requires a replacement for a damaged Waste Bin (subject to condition 11 (d)), the Permit Holder must use the Garden Waste Services Change Form to apply for a new Waste Bin to be delivered. 

b. If a Waste Bin is damaged by Council employees during collection, the Council will arrange for the repair and, if necessary, replacement of the Waste Bin on behalf of the Permit Holder. No refunds of the fees paid for the delivery of the Service will be paid for any collections missed while waiting for a repaired or replacement Waste Bin to be delivered.

c. Waste Bins that are stolen will be replaced free of charge and the Permit will be re-issued. No refunds of the fees paid for the delivery of the Service will be paid for any collections missed while waiting for a repaired or replacement Waste Bin to be delivered.

d. The Permit Holder will be liable for the cost of a Waste Bin damaged by the negligence of the Permit Holder or any family member, representative or associate of the Permit Holder. No refunds of the fees paid for the delivery of the Service will be paid for any collections missed while the Permit Holder is waiting for a replacement Waste Bin to be delivered.

e. Delivery of a repaired or replacement Waste Bin may take up to four (4) weeks. The Council will not be liable for any missed collections at any time that the Permit Holder does not have a Waste Bin. 

12. Cancellation 

a. A full refund of costs paid for the provision of the Service will be made for any cancellation of the registration to receive the Service made during the Cancellation Period. 

b. To exercise the right to cancel under the Cancellation Period provision, the Permit Holder must provide the Council with a clear statement of the decision to cancel the registration for the provision of the Services by either notifying us online at www.dumgal.gov.uk/wasterecycling or by email to Gardenwaste@dumgal.gov.uk or by letter (sent by post) before the Cancellation Period has expired.  

13. Withdrawn or cancelled waste collections 

a. In the event of withdrawn or cancelled garden waste collections under clause 1(c), collections will commence on resumption of the Service. No refunds of fees will be offered for collections missed due to these occurrences.
b. Information regarding any additional collections will be communicated via the Council website and social media channels but the Council is not obliged to provide any additional collections in the event of withdrawn or cancelled garden waste collections, which withdrawal or cancellation will remain in the sole discretion of the Council
c. The Council can withdraw the provision of the Service at any time, if in its sole discretion, it considers that the provision of the Service is no longer viable or can no longer be sustained or provided. The Service will continue to be provided until 30 November of the current Permit Period for existing Permits, but no new Permits will be granted for the following year. Confirmation of the withdrawal of the Service will be placed online at www.dumgal.gov.uk/wasterecycling.

14. Governing law 

These Terms will be governed by the laws of Scotland and the Council and the Permit Holder submit to the exclusive jurisdiction of the courts of Scotland.