Erewash Borough Council

Garden Waste Service - Terms and Conditions

The following sets out the terms and conditions under which a resident (the customer) may use the garden waste collection service provide by Erewash Borough Council (the Council).

1. Subscription

1.1 The Council does not have a statutory duty to collect compostable garden waste. In payment of the annual subscription the Council will provide collection of household garden waste.

1.2 The garden waste collection service is for residential properties only. All residential properties assessed as suitable will be eligible for the service. Most properties will be eligible, however properties with poor access or some communal properties may not be eligible.

1.3 The Council will carry out a maximum of 20 fortnightly garden waste collections per property during the garden waste year which will run from 1 April to the 31 March. The service will be suspended during the winter months, information regarding this will be provided on the Council’s website.

1.4 Subscriptions are renewed annually and collections are provided to customers who have paid their subscription and affixed the garden waste self-adhesive permit to their bin(s).

1.5 Only household compostable garden waste specified by the Council will be collected in the garden waste bins (brown wheelie bins). Details of acceptable waste can be found on the garden waste page – this may be updated from time to time.

1.6 The subscription consists of an annual charge to the customer which is set by the Council for each year. The full yearly fee will be required regardless of the date the subscription is taken out, either before or within the relevant garden waste year. The annual subscription charge is available on the Council’s website.

1.7 Full payment, including the payment for any additional bins, will be taken at the point of service request and before the service is provided.

1.8 If a customer signs up for the service and has a garden waste wheelie bin (brown bin) at their property, the bin(s) can be used. If a customer does not have a brown wheelie bin(s), a bin will need to be purchased from the Council.

1.9 Communal properties wishing to subscribe to the service must register through their housing association/letting agent or formal residents’ group.

1.10 The annual subscription renewal is the responsibility of the customer and failure to resubscribe will result in garden waste collections being cancelled at the address.

1.11 The Council reserve the right to make amendments to these terms and conditions at any time. Publication of such changes will be made on the Council’s website and will constitute notice to all persons with the amended terms and conditions being the basis of the service going forward.

2. Termination

2.1 A customer may terminate the garden waste collection service at any time; however, payments made are non-refundable.

2.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) the customer is entitled to cancel the service if the request for a refund is made not more than 14 days after the contract for the service was entered into.

2.3 Cancellation of the service within the cooling off period must be made by making a clear statement setting out the decision to cancel the service by calling our Customer Services Team on 0115 9072244. If a subscription is cancelled, the permit must be removed from the bin.

3. Garden Waste Permits

3.1 After payment the customer will receive a letter and a tamper proof self-adhesive permit. If a customer subscribes for more than one bin, a permit will be received for each bin.

3.2 It is the responsibility of the customer to display the permit on the wheelie bin. The permit must be displayed underneath the handle on the body of the wheelie bin, not on the front or lid. For emptying the bin must be positioned so that the permit is visible from the roadside.

3.3 Customers should pay for the service well in advance of the start date to allow time for the letter and permit to be received. It can take 15 working days to process requests to join the service or longer during peak/other periods.

4. Garden Waste Bins

4.1 Only garden waste wheelie bins supplied by the Council and displaying a valid permit will be emptied.

4.1 If a customer does not have a brown wheelie bin or one is lost or stolen, a bin should be purchased from the Council. The garden waste bin will remain the property of the Council.

4.2 Only wheelie bins that are damaged through the fault of the Council and reported as such will be replaced by the Council at the Council’s cos

4.3 If a customer decides not to pay for a replacement wheelie bin(s) they will be unable to present garden waste for collection and by default, choose to opt out of the service. A refund will not be given for the subscription fee paid.

5. Moving House

5.1  If a customer moves house within the Borough their subscription is non-transferable to their new address and a refund for the subscription fee paid will not be given.

5.2   If a customer moves house to outside the Borough the customer will not be eligible for a refund for the subscription fee paid.

6. Service Conditions

In using the service, the customer accepts that:

6. 1 Garden waste bins must be presented, unless otherwise directed at the front of the house at the edge of the property and presented in accordance with the provisions stated in clause 3.2.

6.2 Garden waste bins must be presented on the scheduled collection day for the property by 7am (or no earlier than 6pm the day before) and then, retrieved by the customer no later than midnight of the day of collection. If not presented properly, in accordance with these terms and conditions, a missed collection will not be able to be reported and will not be classed as a missed collection.

6.3 Customers can check their day of collection by checking the Council’s website or by contacting our Customer Services team on 0115 9072244.

6.4 Only garden waste bins supplied by the Council and displaying a valid permit will be emptied. Garden waste presented in any other container or loose will not be collected.

6.5 Lids of garden waste bins must be fully closed. The Council reserves the right not to empty bins when the lids are not fully closed as this may cause damage to the vehicle bin lifts whilst being emptied.

6.6 The contents of garden waste bins must not be compacted too densely as to make the bin(s) too heavy and unable to be emptied. The Council reserves the right not to empty the bin in this instance. The customer will be responsible for the removal of waste to reduce the weight of the bin. Once this has been done the bin will be emptied on the next scheduled collection day.

6.7 Customers may use the service for the collection of all items of compostable household garden waste as specified on the Council’s website. Any other items will be deemed as unacceptable waste. If unacceptable waste is presented for collection, the garden waste bins will not be emptied. The customer will be responsible for the removal and correct disposal of any unacceptable waste. Once this has been removed the bin will be emptied on the next scheduled collection day.

6.8 If a customer persistently does not comply with the requirements in clause 6.6 and 6.7, the Council reserves the right to remove the garden waste bins and to cancel the service, without refund.

6.9 On each scheduled collection day, one attempt will be made to empty the garden waste bin(s); any waste remaining stuck in the bin will be left. This may be due to the waste being frozen or over-compacted. The customer will be responsible for ensuring the waste is freed up and the bin will be emptied on the next scheduled collection day.

6.10 The Council reserves the right not to empty any bin that in its reasonable opinion poses a health and safety risk to collection crew and may require the customer to take steps to reduce the risk to crew before any further attempt to collect is undertaken.

6.11 If a garden waste collection is genuinely missed by the collection crew, this must be reported within one working day of the scheduled collection date. Failure to notify the Council within this timeframe will result in the bin being collected on the next scheduled collection day. When a bin has been missed by mistake and is reported to the Council it should be left presented at the collection point until it has been emptied.

6.12 The Council has the right to cancel the garden waste service for a property where the Council believes the garden waste is from a commercial operation, with no refund.

7. Events outside the Council’s Control

7.1 The Council 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 caused by an ‘Event Outside the Council’s Control’. If an ‘Event Outside the Council’s Control’ affects the Council’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 Council’s Control’ means any act or event beyond the Council’s reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles, blocked roads/restricted access, and frozen bins.

8. Complaints

8.1 Any complaints regarding the garden waste service should be reported via the Feedback Form on a customer’s My Erewash account or the Council’s website.

9. Privacy

9.1 Erewash Borough Council will treat all information provided in confidence, and in accordance with the Data Protection Act 2018 and the UK GDPR. We will only use your personal data for the purpose or purposes for which it was intended will not share it with any third parties unless required to do so 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 our privacy page.

9.2 Customers acknowledge that the Council will use their personal details to contact them from time to time in relation to the provisions of this service or renewal of subscriptions.