Chargeable Garden Waste Collections - Terms and Conditions

1.0 In the Terms and Conditions (including the foregoing preamble) the following expressions have the following meanings:

“Brown Bin” means the brown bin supplied in terms of clause 3.16, or other receptacle which may be specified by the Council, for the depositing of food waste, garden waste, or such other waste as may be specified by the Council from time to time.
“Brown Bin Collection Route” means the route in the Council’s local authority area for the collection of brown bins, which route may be defined, changed and amended by the Council from time to time.
“Chargeable Permit” means a permit for a second or third brown bin for the disposal of garden waste in respect of which the customer shall pay to the Council.
“The Council” means Aberdeen City Council, a local authority incorporated under the Local Government etc. (Scotland) Act 1994, having its principal office at Town House, Broad Street, Aberdeen, AB10 1AQ.
“Commercial Properties” means any property or premises which is not a domestic property.
“Customer” means the person or persons to whom the Council provides the service.
“Domestic Properties” means a chargeable dwelling for council tax purposes, whether or not an exemption applies or whether the customer is individually liable to pay council tax; and “Domestic Property” will be construed accordingly.
“Payment” means the sum or sums due to be paid to the Council by the customer annually in each subscription period in exchange for the provision of the service during that subscription period , the level of which sum or sums is to be determined by the Council after review each year.
“Permit” means the document, sign, sticker or other signifier which is to be attached to the brown bin, signifying that the customer has made the payment (the term “the Permits” shall include “Chargeable Permits” if the context requires).
“Service” means the collection of garden waste by the Council from the brown bin supplied to the customer or any other receptacle as the Council may specify to the customer in writing.
“Subscription Period” means the Council’s brown bin subscription period which runs from 1 September until 31 August each year.
“Terms and Conditions” means these terms and conditions.
 

The following eligibility criteria applies to the Service:

2.1. Customers who only require one brown bin shall not require a permit. Reference is made to clause 6.4 in respect of customers who dispose of food waste only in their brown bin(s).

2.2. Customers requiring two (2) or three (3) brown bins for the disposal of garden waste are required to apply for a chargeable permit for such additional brown bins. Such customers shall make the payment for each subscription period in which the customer wishes to use the service. 

2.3. Customers requiring chargeable permits will be issued with their first permit (free of charge) along with their chargeable permit(s).

2.4. Only domestic properties and places of worship on the brown bin collection route are eligible to apply for the service. For the avoidance of doubt, commercial properties are not eligible for the service. 

2.5. The customer must have a brown bin to use the service. The customer will be obliged to order a brown bin from the Council if the customer is to use the service. The Council will not be liable for any missed collections where the customer does not have a brown bin. 

 

The Permit will function in the following way:

3.1. The payment will entitle the customer to two (2) permits (i.e. one chargeable permit and one free permit). A third permit (i.e. a second chargeable permit) is available at an additional cost.

3.2. Where two (2) or three (3) brown bins are required, chargeable permits will be issued for each of these bins in accordance with clause 3.1. A free permit for the first bin will be issued automatically along with the chargeable permit(s).

3.3. The customer may have a maximum of three (3) permits (i.e. two chargeable permits and one free permit).

3.4. Permits will be valid if the payment has been made in respect of those permits.

3.5. The Customer shall pay the Council annually in order to renew their permits and continue to receive the service in each subscription period.

3.6. The payment is payable in advance of the issue or renewal of the permits and is non-refundable.

3.7. No discounts apply to the payment regardless of which month in the subscription period the customer makes the payment or receives the permits.

3.8. The customer is responsible for ensuring that permits are correctly affixed to each individual brown bin per the instructions on the back of the permit. 

3.9. The Council will not be held liable for any missed collections while the customer is waiting for the permit to arrive.

3.10. Permits will be applicable to the address which the customer has specified in their application and cannot be changed or refunded thereafter.

3.11. Anyone moving into a property that has existing chargeable permit(s) may continue to use the chargeable permit until it expires. The customer shall make the payment to renew any permit(s) if the customer wishes to continue using the service in the next subscription period. 

3.12. Permits can be used by any person at the address specified as the address for the permits by the customer. 

3.13. In the case of blocks of flats or tenements, residents may choose to share brown bins. Where two (2) or three (3) brown bins are required one resident (the “group customer”) must be appointed to act on behalf of the group of residents sharing the brown bins. The group customer will be required to make an application for a chargeable permit for the shared brown bins and make the payment. The group customer will be solely responsible for making the payment and ensuring that the terms and conditions are complied with by all residents included in the group.

3.14. Clause 3.13 does not prevent any one domestic property which is a flat, a block of flats or a tenement from using one brown bin without the need for a permit per clause 2.1.  

3.15. Any replacement permits will be marked as such. 

3.16. The Council will provide each eligible domestic property with one brown bin. Any additional brown bins will be subject to a delivery charge.

The following conditions apply to the use of the Permit:

4.1. The customer may present a maximum of three (3) brown bins at the kerbside for collection on their scheduled collection day. Where the customer presents two (2) or three (3) brown bins all brown bins containing garden waste must display permits. Brown bins not displaying permits will not be emptied.

4.2 Clause 2.1. applies for customers who require one brown bin only.
 

The following limitations apply to the Council’s obligations with respect to the permit:

5.1. The Council reserves the right not to empty a brown bin in the following circumstances: 

5.1.1. If containing incorrect item(s), which for the avoidance of doubt does not include food waste which is to be deposited in the brown bin unless otherwise directed by the Council.

5.1.2. If overfilled and/or too heavy.

5.1.3. Where the contents are compacted or frozen and cannot be dislodged.

5.1.4. Where access to the customer’s brown bin cannot be gained due to inclement weather, roadworks or other reasons outwith the Council’s control; and/or

5.1.5. Where these terms and conditions are not complied with by the customer; the customer shall not be eligible for a refund of the payment or any part thereof owing to the occurrence of the circumstances set out in this clause 5.1.

5.2. The Council will not remove waste left beside or on top of the brown bin.

5.3. The Council reserves the right to withdraw Permits and the provision of the service and remove a brown bin or bins where it is repeatedly contaminated with any waste other than that specified by the Council. The customer is not eligible for a refund of the payment if the service is withdrawn for this reason. 

5.4. The customer will not be eligible for a refund of the payment for missed collections. The Council will use reasonable endeavours to remove waste from brown bins reported as not emptied, in line with current policy.

5.5. The Council will not ordinarily empty brown bins on the following days - New Year’s Day and Christmas Day. Alternative collection days will be provided and shall be advertised on the Council’s website.

5.6.    The Council reserves the right to withdraw, alter or amend the collection of brown bins without notice or refund in the event of war or other emergency, civil commotion, riot, strikes, adverse weather or road conditions or other circumstances outwith the Council’s control.

5.7    The customer shall ensure that the brown bins are only used for the storage of food waste and/or garden waste for collection. The Council accepts no liability for loss of any materials placed in the brown bin for disposal or otherwise, this includes parcels placed in the brown bin by delivery companies.
 

6.1. The brown bin must be presented at the kerbside by the customer by 7am on the collection day. The Council will not return to empty bins missed because they were not presented on time.

6.2. Brown bins remain the property of the Council and should not be removed from the property to which they are assigned.

6.3. The customer is responsible for keeping their brown bin clean.

6.4. The terms and conditions do not affect the use of the brown bin for disposing of food waste unless otherwise directed by the Council. For the avoidance of doubt, customers using their brown bin(s) to dispose of food waste only do not require permits. 

6.5. The customer will remove their brown bin from the kerbside as soon as possible after collection and store it securely, within the boundary of their property between collections.

6.6. The customer is responsible for the security of the brown bin between collections.

6.7. The Council reserves the right to amend any clauses in the terms and conditions.

6.8. What constitutes garden waste will be determined solely by the Council, and information regarding what can go in the brown bin will be published on the Council’s website.
 

7.1. Current waste policies are available to view.

7.2. Please check with the Council to find out if your property is eligible for garden waste collection.

7.3. Please check the Council’s website for advice regarding what can be placed in the brown bin.

7.4. Information about how we collect and use customers’ information in connection with provision of the service can be found on our your data for garden waste permits page.