1. Agreement
This document contains the terms and conditions by which the Council operates your service in consideration for the payments made in accordance with these terms and conditions. These terms and conditions are intended to take effect as a legally binding contract between you and the Council.
2. Service Description
The Council operates a garden waste collection service ('Service') which runs from approximately April until November each year, these dates may be subject to change by the Council at its discretion.
3. Service Eligibility Criteria
The Council will offer the Service to properties that fulfil the following criteria:
- Are situated within the boundary of Middlesbrough.
- The area / property must be accessible by a 26 tonne refuse collection vehicle. This includes being able to empty bins and manoeuvre the collection vehicle (turn round) easily and safely.
The Council reserves the right to decline an application where the Council considers it not viable to do so within the current resources.
4. Application Process / Payment
a) Subscription to this Service is solely for the collection of garden waste ('waste'). You can subscribe to the Service on Middlesbrough Council website.
b) The charge for the Service is £40 for the first bin and £20 for each bin thereafter for the April 2024 to November 2024 garden waste season. There is a maximum of 5 bins per household. The council reserves the right to vary the fee. Appropriate notice will be given prior to any alteration.
c) There will be no reduction in cost for subscriptions made part way through the year resulting in fewer collections.
d) Payment can be made via the MyMiddlesbrough account or directly by calling 01642 726001.
e) You will be notified of the charge and payment date annually. To renew the subscription please use follow the link on the Middlesbrough Council website and make your online payment. The Service for the following financial year (April to November) will be withdrawn from service users who do not renew their subscriptions.
f) The Council will carry out garden waste collections per household during this period, if residents have subscribed.
g) The Council has a duty to keep records up to date therefore we require service users to notify us of any changes to your personal details.
5. Garden Waste Bins
a) The bin(s) is provided for use by residents but remains the property of the Council.
b) Only bins supplied by the Council will be emptied. Waste presented in any other container will not be collected.
c) On payment of the charge you will receive a permit (your bin sticker). This must be placed on your brown bin(s). Bins which do not display the sticker provided by the Council will not be collected.
d) Any bin that is broken or damaged by the crews, will be repaired or replaced free of charge and should be reported to us straightaway by calling 01642 726001. If a bin has been lost or stolen, a replacement charge applies and can be purchased online.
e) You will be responsible for the general condition and cleaning of the garden waste bin whilst in your possession.
6. Collection Days
a) Garden waste bins are collected once every two weeks, except for a period over the winter or when other unforeseen factors prevent collections from taking place, such as vehicle breakdown or adverse weather conditions.
b) The Service operates from Tuesday to Friday, excluding Bank Holidays. Details of your collection day and date will be notified.
c) This service runs independently to the refuse and recycling service and maybe collected on different days.
7. Presenting Garden Waste Bins
a) Bins must be presented at the kerbside by 7am on the day of collection.
b) Bins must be clearly visible and accessible from the road without any obstructions.
c) The bin lid must be closed when presented for collection. If the bin is too heavy to be lifted safely, the householder will be expected to remove some garden waste making it safe to lift for the next scheduled collection.
d) Any additional waste outside of the bin will not be collected. The garden waste must not be placed in plastic bags, as this affects the composting process. Food waste must not be placed in the garden bin.
e) After emptying, the bin will be returned to the boundary of the property. It is Your responsibility to ensure that the bin is brought back onto your property the same day.
8. Assisted Collections (help to put the bin out)
a) An assisted collection service is available upon request for eligible households and is assessed.
9. Garden Waste Bins not collected
Bins not presented for collection
a) Where your bin is not presented for collection, you are responsible for the correct disposal of the waste.
Missed bin collections
b) A missed bin collection is where a bin has not been emptied, on the allocated collection day, by the Council, due to either unforeseen operational difficulties, inclement weather or any other event outside of the Council’s control.
c) If it is the fault of the Council to fail to collect a bin the Council will reasonably endeavour to collect it as soon as possible. The Council will not refund for missing a bin or being unable to collect a bin.
d) In the event that the Council has missed the collection of a bin, you should report this online.
10. Moving house
a) If you move, you must take your bin(s) with you. This subscription is transferable.
b) Please notify us of any changes to personal details such as change of address otherwise the bin(s) will not be collected.
11. What can be put in a garden waste bin - acceptable material and contamination
a) The bins must be used for garden waste from your domestic property only.
b) Contaminated bins (i.e. bins containing incorrect materials) will not be emptied. If your bin is contaminated, it is your responsibility to remove the item(s) of contamination prior to the next collection. If the contamination continues the Council may remove the bin(s) and no refund will be issued.
c) Trade waste is not permitted.
12. Your right to cancel the Service
You are entitled to cancel this agreement and cancel your contract within a 14 day period following payment if your bin has not been delivered. Requests to cancel the Service can be made by calling 01642 726001.
13. The Council's right to cancel
a) Any misuse of the Service or bin by a householder may mean cancellation of the Service.
14. Refunds upon cancellation of the Service
a) Before the Council begins to provide the Service, you may cancel your subscription within 14 calendar days after accepting these terms and conditions. If within 14 days the Council will refund the charges in full. The Council will not refund the charge if cancellation is made after this time if your bin has been delivered.
15. Liability and indemnity
a) The Council will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these terms and conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council's employees, agents 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 You of the Services supplied.
b) The Council shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Council's obligations if such delay or failure is due to any cause beyond the Council's reasonable control.
c) Nothing in these terms and conditions shall limit or exclude the Council's liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
16. Statutory Rights
These terms and conditions do not affect Your statutory rights.
17. Data Protection Statement
The Council requires the following information from you when subscribing to this Service:
- Name
- Property address
- Email address
- Telephone number
The information collected by Middlesbrough Council is used for the purposes of providing the Service, ensuring that the service is used fairly under this agreement, to process payments for the service, and for analysis purposes in relating to service take up. You are required to notify the Council of any changes to the information supplied when subscribing to the Service.
For more information about how we handle your data please see the Environment Services privacy notice.
18. Changes to Terms and Conditions
The Council reserves the right to amend these terms and conditions at any time. You will be notified in writing (via email or letter depending upon Your original subscription to the Service) of any changes and give you the opportunity to cancel the subscription should you not agree to accept the amendments and receive a partial refund.
19. Complaints Procedure
The Council's complaints procedure is available on the feedback and complaints page.
20. Contact us
Email bins@middlesbrough.gov.uk or call 01642 726001.