Trade Waste Collection Service
Terms & Conditions
1. Background and Introduction
1.1. The Council’s Trade Waste Collection Service is for businesses within the Derbyshire Dales.
2. Definitions and Interpretation
2.1. In this Agreement, unless the context otherwise requires, the following definitions apply:
Container(s)
Food Waste Containers
- 23 Litre Kerbside Caddy
- 140 Litre Bin
Non-Recyclable Waste
- 140 Litre Bin
- 240 Litre Bin
- 360 Litre Bin
- 660 Litre Bin
- 1100 Litre Bin
Paper and Card
- 240 Litre Blue Lid Bin
- 360 Litre Blue Lid Bin
- Blue Bag
Recycling (all other dry recyclable materials)
- 240 Litre Blue Lid Bin
- 360 Litre Blue Lid Bin
- Blue Bag
Documentation
- Direct Debit Mandate
- Duty of Care – Waste Transfer Note (Duty of Care)
- Trade Waste Service Agreement
Events Outside the Council’s Control
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, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles.
Excluded Waste
this includes (without limitation)
- builders waste,
- soil,
- charcoal,
- liquid waste,
- non-burnable construction material,
- demolition debris (especially plasterboard or gyproc board),
- gas cylinders,
- beer kegs or any other pressure cylinders,
- petrol,
- oils,
- greases,
- solvents or paints, hazardous waste and liquids,
- animal or human remains or waste,
- acid or caustic substances,
- clinical,
- pathological and biological wastes,
- asbestos substances,
- tree trunks,
- electrical goods according to the Waste Electrical and Electronic Equipment (WEEE) Directive including telephones and fluorescent tubes,
- drugs or poisons,
- motor vehicle batteries,
- motorcycles,
- motor engines and other major parts of motor vehicles,
- trailers or similar items.
Food waste
includes the following:
- Meat, fish/shellfish,
- eggs including eggshells,
- dairy products,
- bread,
- cakes and other baked goods,
- pasta,
- rice,
- beans and pulses,
- fruit,
- salad and vegetables (raw and cooked), vegetable peelings,
- tea bags and coffee grounds,
- lard and other hard fats,
- pet food,
- any meal leftovers.
Non-recyclable waste
Any items that you cannot put in your food waste, paper and card or recycling container(s) and cannot be reused.
Paper and card
Includes the following:
- newspapers,
- magazines,
- postal advertising,
- envelopes,
- paper (including shredded paper),
- telephone directories, (including yellow pages)
- cardboard / card
Recycling
Includes the following:
- Mixed glass bottles and jars - (green, brown, clear and blue glass - please remove caps, tops, lids and corks),
- food and drinks cans,
- aerosols,
- aluminium trays/foil trays,
- beverage cartons,
- plastic bottles including plastic caps (no trigger sprays), plastic containers. (plastic recycling symbols 1, 2, 3, 4 & 5)
Trade Waste Collection Service
The collection of food waste, non-recyclable waste, paper and card & recycling for Trade Customers as per the agreement
Trade Waste Collection Service Failure
Where the Council fails to carry out the Trade Waste collection service
3. Trade Waste Collection Service
3.1. This Agreement relates to the collection of food waste, non-recyclable waste, paper and card, recycling or any waste that is not Excluded Waste
3.2. Non-recyclable waste is for non-recycling only, any materials that can be recycled must be placed in the appropriate recycling container.
3.3. For the avoidance of doubt this agreement does not apply to Excluded Waste which is not permitted to be presented at any time
3.4. Excluded Waste must be disposed of using alternative waste collection and disposal suppliers at the cost of the Customer.
3.5. The Trade Waste Collection Service will continue on a rolling basis until cancelled in accordance with this agreement.
3.6. Businesses eligible for the Trade Waste Collection Service may need to be assessed for suitability prior to the service being set up.
3.7. The agreement between the Customer and the Council will be entered into on the date the Council receives the completed Documentation for the Trade Waste Collection Service.
3.8. New businesses to the Trade Waste Collection Service will be required to pay monthly in advance by Direct Debit or by automatic payment into the Council’s bank account by agreement.
3.9. The cost of the Trade Waste Collection Service is charged monthly, per commodity, which is set by the Council. The charge will be subject to an annual increase on the 1st April each year. Each trade waste customer will be notified of the changes in advance before the 1st April each year.
3.10.Businesses are required, by law, to fill in a ‘Duty of Care - Waste Transfer Note’ before the Trade Waste Collection Service commences and will be required to fill out a ‘Duty of Care’ annually or immediately following any changes in the waste type the Council will be collecting from the business. Failure to complete and return the ‘Duty of Care’ will result in your Trade Waste Collection Service not being set up or collections being suspended, until the ‘Duty of Care’ is received. Failure to update the ‘Duty of Care’ with any immediate changes, may result in your Trade Waste Collection Service being cancelled.
3.11.The Council will provide weekly / fortnightly non-recyclable waste collections, weekly food waste collections and a fortnightly recycling collection. Any business producing more than 5kg of food waste per week must sign up to a food waste collection service. Businesses with 10 or more full time employees or equivalent, must separate their recycling into paper and cardboard and recycling (as listed above) and food to comply with the new legislation. The Council will provide the containers depending on the Business needs.
3.12.Delivery of containers will be within ten working days of receipt of the required Documentation (Direct Debit Mandate, Duty of Care – Waste Transfer Note, Trade Waste Service Agreement).
3.13.The containers shall not be removed from the Trade Collection Address detailed within this Agreement. If the Customer wishes to change the Trade Collection Address and/or the Collection Point, the Customer must request this in writing to the Council giving 28 days’ notice. The Council will review the request and provide a response within 5 working days.
3.14.The Council reserves the right to refuse to collect uncontained waste, loose waste, unidentified waste, compacted waste and waste placed in the wrong containers.
3.15.The Council shall be entitled to take test samples and/or take photographic evidence of the Customer’s waste at any time during the term of this Agreement to satisfy itself that the Customer’s description of the waste is true, accurate and complete.
3.16.Collections will take place Monday – Friday and your collection day will be determined by waste stream and location within the Derbyshire Dales.
3.17.The Council reserves the right to amend the Collection dates/days.
3.18.The Council reserves the right to make operational changes as it deems necessary to ensure that the Trade Waste Collection Services are provided to all customers in an efficient and cost-effective manner. The Customer will be notified of such operational changes, in advance.
3.19.Non-service days are Christmas Day, Boxing Day and New Year's Day. Any collections that fall on either of these days will be moved to another day to accommodate the collection(s). The Council will give sufficient notice leading up to the three non-working days, so that Trade Waste Customers can make sure their container(s) are accessible.
3.20.Collections will not take place on Bank Holidays Mondays. The collection service will run one day later during weeks with a Bank Holiday Monday e.g. normal collections on a Friday will move to a Saturday.
3.21.Collections that do not take place due to inclement weather conditions will be collected as soon as conditions allow.
4. Duty of Care Waste Transfer Note (Duty of Care)
4.1. The Duty of Care Waste Transfer Note is a legal requirement.
4.2. As a waste producer, you have a duty of care to ensure that waste is managed safely and without harming the environment.
4.3. A duty of care waste transfer note helps you to demonstrate that you have fulfilled this duty. By providing a clear record of the waste transfer, you can show that you have taken responsibility for the waste and ensured that it is being managed safely and responsibly. It’s important to keep a copy of the waste transfer note for your records, as you may need to provide it to regulatory authorities as proof of your compliance with waste disposal regulations.
4.4. A ‘Duty of Care - Waste Transfer Note’ must be completed before the Trade Waste Collection Service commences.
4.5. The Customer will be required to fill out a ‘Duty of Care’ annually or immediately following any changes in the waste type the Council will be collecting from the business.
4.6. Failure to complete and return the ‘Duty of Care’ will result in your service not being set up or collections being suspended, until the ‘Duty of Care’ is received.
4.7. Failure to update the ‘Duty of Care’ with any immediate changes, may result in your Trade Waste Collection Service being cancelled.
5. Storage of Containers
5.1. Containers shall be kept at the trade collection address stated when the Customer ordered the Trade Waste Collection Service and may only be removed with the prior permission of the Council. The container always remains the property of the Council.
5.2. The Customer will be responsible for any damage they cause to the container(s) and will be required to pay the Council a cost which will include the cost of the container, delivery and admin cost arising from any damage.
5.3. The Customer shall be responsible for the safekeeping of the container(s), the cleanliness of the container(s) and the cleanliness of the site around the container(s).
5.4. Only container(s) 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.
5.5. Replacement container(s) may be second hand. The Customer should expect the second-hand container(s) to be clean and free of writing and without faults at the time of delivery. If the Customer decides not to pay for a replacement container(s) they will be unable to present business waste for collection.
6. Trade Waste Collection Service Conditions
6.1. The Customer agrees and confirms that
- 6.1.1. All information that is provided to the Council by the Customer is accurate and up to date.
- 6.1.2. It will provide the Council, the Contractor and their employees, agents and consultants with access to the Customer's premises, as reasonably required.
- 6.1.3. It will place the Trade Waste Container(s) in positions of easy access for collection as agreed with the Council. The Customer shall afford reasonable, safe, adequate access and space in which loading and unloading operations can be carried out. Collections must be able to be carried out without, risk to the drivers and loaders, damage to the vehicle and without obstruction to the public highway.
- 6.1.4. The containers provided shall only be used for the storage of waste as defined within the Duty of Care for collection by the Council, under the terms of this Agreement.
- 6.1.5. The containers shall remain the property of the Council.
- 6.1.6. Any identification marks indicating that the containers are the property of the Council shall not be removed or interfered with.
- 6.1.7. The Council retains the right to inspect containers at random, and if found to be removed or interfered with, the Council may replace or repair the containers at the Customer’s cost.
- 6.1.8. It shall not paint or otherwise mark the container(s) in any way and if the Customer does it will be liable for the repair, refurbishment or replacement of the container.
- 6.1.9. The Council reserves the right not to empty/collect any container(s) 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.
- 6.1.10.The container(s) will be accessible on their scheduled collection day.
- 6.1.11.That the lid of container(s) containing waste will be fully closed.
- 6.1.12. The Council reserves the right not to empty container(s) when the lids are not fully closed as this may cause damage to the lifts whilst being mechanically emptied.
- 6.1.13. The container(s) must not be compacted too densely as to make the container(s) too heavy and unable to be collected. The Council reserves the right not to empty the container(s) in this instance. If the Customer persistently does not comply with the requirements in this clause, the Council reserves the right to remove the container(s) and cancel the Trade Waste Collection Service.
- 6.1.14. Customers can check their day of collection using the feature on our website or by contacting our Business Support Team.
- 6.1.15. Only use the Trade Waste Container(s) provided by the Council for the disposal of commercial waste produced at the Customer's premise.
- 6.1.16. Only containers supplied by the Council will be emptied. Trade waste presented in any other container will not be collected.
- 6.1.17. Not use the Trade Waste Container(s) for the disposal of anything other than the waste outlined in the Duty of Care.
7. Refunds
7.1. Refunds for the Trade Waste Collection Service will be considered in the following circumstances:
- 7.1.1. where there has been a Trade Waste Collection Service Failure (except where due to any Event Outside the Council’s Control).
- 7.1.2. where the Customer is exercising their statutory right of cancellation.
7.2. If the Council or its Contractor fails to rectify a reported missed collection of trade waste on nominated collection days. The Customer must report a missed bin collection within 48 hours of their missed collection online at www.derbyshiredales.gov.uk/missedbin or by contacting the Business Support Team on 01629 761122.
7.3. In accordance with clause 7, if the Customer is due a refund, the refund will be calculated on the actual collection cost for any Trade Waste Collection Service Failures.
8. Events outside the Council’s control
8.1. 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 caused by an Event Outside the Council’s Control.
8.2. If an Event Outside the Council’s Control affects the Council’s or the Contractor’s ability to deliver the Trade Waste Collection Service, it will resume the normal Trade Waste Collection Service as soon as reasonably practicable after the Event Outside the Council’s Control is over.
8.3. 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, agents or otherwise) in connection with its provision of the Trade Waste Collection Service or the performance of any of its other obligations under these terms and conditions or with the use by the Customer of the Trade Waste Collection Service supplied whether as a result of breach of contract, breach of statutory duty, tort (including negligence), or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising.
9. Late payments and Termination
9.1. If the Customer is in arrears with any payments under this Agreement for a period of 30 days or more the Council may, in its absolute discretion cease to carry out its obligations under the terms of this Agreement without further reference to the Customer.
9.2. Should the Customer fail to make such payment, the Trade Waste Collection Services may also be suspended until any outstanding payment is received. Such arrears of payments shall be considered a debt due to the Council from the Customer, recoverable by action.
9.3. Once a trade waste agreement has been terminated if the Customer wishes to reinstate this Agreement this will not be reinstated and the container(s) will not be returned until the account balance is settled.
10. Termination by the Council
10.1. The Council may terminate this agreement in the following circumstances:
- 10.1.1. The Customer fails to provide the Council with a completed ‘Duty of Care’.
- 10.1.2. By giving one calendar month written notice of termination to the Customer at the address specified in the invoice address.
- 10.1.3. By giving notice to the Customer to remedy a breach and the Customer fails to remedy that breach within 30 days of being notified in writing of the breach by the Council.
11. Termination by the Customer
11.1. A Customer may terminate the agreement by giving a full calendar months’ notice in writing to the Council which can be emailed to
12. Upon termination of this Agreement
12.1. Upon termination of this agreement, the Customer shall
- 12.1.1. immediately make available and the Council shall collect the container(s) from the Customer’s premises for reuse.
- 12.1.2. The Customer shall immediately pay all sums due under this Agreement including any additional costs of repair, replacement or cleansing of the container(s) deemed necessary by the Council following termination.
12.2. If this Agreement is terminated by the Council due to non-payment of charges under this Agreement and the Customer’s container(s) are removed by the Council, before this Agreement is reinstated necessitating the supply of a further container(s), the Customer shall pay the Council a reasonable fee to cover the costs of supplying the further container(s) as detailed in the Council’s Fees current at the time of the reinstatement of the Trade Waste Collection Service.
12.3. Subject to any outstanding costs (including any applicable cancellation charges) due to the Council under this Agreement which shall be deducted first, upon termination of this Agreement, the Customer will be entitled to a refund of any overpayment in respect of any unexpired period of Trade Waste Collection Services which the Council did not supply as determined by the Council.
12.4. When an agreement is terminated by either party the Customer understands that they have an obligation to set up alternative provision with a licenced waste disposal provider without delay.
13. Complaints
13.1. Any initial complaints regarding the Trade Waste Collection Service the Customer should contact the Council via
13.2. If the Customer is not satisfied with the outcome of the complaint they may use the Council’s complaints procedure as contained on the Council’s website.
14. Privacy
14.1. Derbyshire Dales District Council will treat all information provided in confidence, in accordance with the Data Protection Act 2018 and used for the purpose 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 www.derbyshiredales.gov.uk.
14.2. Customers acknowledge that the Council will use their personal details to contact them from time to time in relation to the provisions of this Trade Waste Collection Service.
