Conditions of collection and disposal of chargeable controlled waste chargeable domestic collections (Ryedale)

  1. The council will provide a standard waste collection service for your business waste as part of the normal kerbside domestic collections in the area. The service cannot be suspended for any period, unless otherwise stated.

  2. This service will be provided in accordance with current legislation and these terms and conditions provided you have made payment of the charge in full. Unless otherwise stated, the charge is a fixed annual charge regardless of your use of the service or if your service is suspended.

  3. If late or non-payment results in the removal and return of bins you will be charged an additional administration fee and a delivery fee.

  4. All business waste must be placed in the containers provided and set out in the normal kerbside location for collection on scheduled collection days only. Any container which is poorly presented or is so heavy as to be difficult to manoeuvre or lift; or which contains prohibited materials will not be collected. The matter will be investigated by us.

  5. The containers provided for your standard waste collection service shall only be collected/emptied by our operatives or agents. Only the containers provided by or purchased from North Yorkshire Council for your locality shall be used.

  6. The frequency of collection may be changed by the council to meet operational requirements including bad weather or in other circumstances which are outside the control of the council. No refunds will be made for missed collections.

  7. Bank holiday collections are normally postponed and revised collections put in place. We will endeavour to notify you of the revised collection arrangements each year. These details are also available on the council’s website.

  8. If a business rated holiday let is reassessed as a domestic property by the Valuation Office Agency, or is removed from rating, then the fixed cost waste charges will cease once advised of the change. As this is a fixed annual charge, no refund is applicable in these circumstances, unless otherwise stated.

  9. If the business rated holiday let is not entitled to Small Business Rate Relief (SBRR) waste disposal charges are applicable in line with the Controlled Waste Regulations 2012. The liable party must inform the council’s Local Taxation and Commercial Waste of any change which may result in a change in their Small Business Rate Relief eligibility.

  10. Notice must be given by email to commercialwaste.rye@northyorks.gov.uk by providing your new waste collection provider Waste Transfer Note should you wish to be removed from domestic collections.

  11. Vehicles may be fitted with CCTV cameras for the health and safety of employees and members of the public. These will be used when investigating any complaints or incidents relating to the collection service.

  12. We reserve the right to increase our charges at any time to take account of any variation in our costs including, but not limited to, variations in wages, disposal costs, administration costs, cost of materials and equipment, fuel, taxes, duties and cost of compliance with all relevant legislation. We will endeavour to provide four weeks notice of any variation to our charge, but notwithstanding this, you will be liable to pay any increase from the date specified on the notice.

  13. If any provision of this agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions of this agreement shall continue in full force and effect.

  14. English law applies to the Order and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England.

  15. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

Duty of care

  1. The waste containers supplied as part of this service are not designed to be used for the manual or mechanical compaction of waste. The use of such equipment is therefore prohibited. Use of such equipment places our employees at risk and will result in the suspension or termination of this service.

  2. Any recycling containers supplied by us are strictly for the recycling types shown on the container, either 'glass, cans and plastic' or 'paper and cardboard.' All such materials must be clean and empty. We will not empty recycling containers contaminated with other waste. If the container is found to be contaminated it is your responsibility to remove the contamination prior to collection. Should this result in an additional visit being made to your premises by the collection vehicle an additional collection charge will be added to your account. The council reserves the right to collect contaminated recycling through the general waste collection and charge an additional collection, disposal and administration cost. Should a recycling container be found to be frequently contaminated, the council reserves the right to withdraw the recycling service.

  3. Waste must be stored securely at the premises and only in the containers provided. You are responsible for ensuring that no nuisance is caused to North Yorkshire Council or any third parties. Containers should remain closed at all times. No excess waste shall be collected unless an appropriate payment is made or unless the materials are contained in pre-paid North Yorkshire Council waste sacks for the locality, and there is a valid Annual Commercial Waste Sack Service subscription in place for the property.

  4. No liquids (including waste oil), untreated meat or quantities of fish/shellfish, waste deemed unacceptable (specifically rubble, plasterboard, building materials), hazardous or clinical waste shall be placed in the containers. The burning of materials in any container is also prohibited.

  5. Where a bin or bins are provided these should be maintained by you in the condition in which they were provided. Any such containers remain the property of the council.

  6. Bins shall be cleaned and disinfected by you as necessary or as required by us.

Safety and indemnity

  1. You are wholly responsible for the safety of all persons, (including the employees and agents of the North Yorkshire Council) entering your premises. You must ensure the existence of a safe working environment at your premises at all times.

  2. Any act by you that puts the safety of any of our employees or agents at risk, may result in the suspension of termination of the service.

  3. You shall indemnify us against all claims arising through any neglect, act or breach by you. This includes but is not restricted to any claims in relation to the waste containers, any misuse, access to and / or the location of any customers waste storage facility. You will be responsible for the cost of any replacement container that has been damaged for any reason.

  4. We reserve the right to immediately suspend collections where the health and safety of our employees or agents or vehicles are considered at risk until such time as the arrangements are considered safe by us.

Duration/variation

  1. This agreement shall commence on the date stipulated on the confirmation of service documents and shall remain in operation until the contract is terminated in accordance with this agreement. We will serve at least four weeks prior notice to you of any proposed changes to these terms and conditions.

  2. The billing period is 1 April to 31 March of the following year. If your agreement commences part way through the current billing year, your collection charges will be prorated until the end of the current period.

  3. You will be issued revised confirmation of service documents in advance of each billing year, confirming the standard collection plus any additional containers requested for the forthcoming billing year.

  4. You must notify the council in advance of the following changes:

  • new site address, contact, phone number and email address 

  • registered office

  • merger, takeover or amalgamation change to your billing address/contact/email address/phone number

  • a new purchase order number

  • any other circumstances that may affect the liable party or Direct Debit

  1. Unless stated otherwise, during the period of this agreement, you shall not obtain the services from a third party that are substantially similar to the service provided by us.

  2. This agreement shall commence on the date stipulated on the confirmation of service documents and shall remain in operation for any initial period stipulated in our agreement (first year) and unless stated otherwise shall be renewed automatically thereafter for successive periods of one year unless terminated in accordance with this agreement. We will serve at least four weeks prior notice to you of any proposed changes to these terms and conditions.

Transfer subcontract and novation of contract

  1. We may assign, novate, or otherwise transfer or subcontract all or part of our obligations, benefits and burdens under this agreement to a third party of our choosing by serving four weeks written notice on you.

  2. A registered carrier or broker of controlled waste registered with the Environment Agency will only be entitled to arrange this service on your behalf or transfer subcontract or assign this agreement on production to us of written copies of registration authorisation and all relevant paperwork.

Complaints procedure

  1. Whilst endeavouring to ensure the highest standards of customer care we accept that, on occasion, things can go wrong. Should you have any cause for complaint you are asked to contact Commercial Waste via commercialwaste.rye@northyorks.gov.uk in the first instance. If you remain dissatisfied, then the complaint should be made in writing to North Yorkshire Council, for the attention of the Commercial Waste Manager, C/O Scarborough Postal Hub, Town Hall, St. Nicholas Street, Scarborough, YO11 2HG. 

  2. Your statutory rights and any rights under the council’s Corporate Complaints Procedure remain unchanged.

GDPR and Data Protection Act 2018

We will process your personal information in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. We may use your personal information in a number of ways, but only for the purposes for which it was given, for example to provide you with the information or services requested or to administer and protect public funds. We may share your information with, and obtain information about you from, other departments of the council or other organisations where it is lawful to do so, for example to check the accuracy of information or to prevent or detect crime. For further information on how we collect, use, share, secure and retain your personal information, and your legal rights, please see our privacy notice.

Our data protection officer can be contacted:

Data protection officer
Veritau Limited
Racecourse Lane
Northallerton
DL7 8AL

Telephone: 01904 552848

Email: infogov@northyorks.gov.uk 

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