Farm Chemical Disposal Scheme Terms & Conditions

Terms & Conditions - Farm Chemical Disposal Scheme

THE SCHEME
As part of our Farm Chemical Disposal Scheme (the “Scheme”) NI Water are offering a free disposal service for the safe disposal of unwanted, out of date or unlicensed pesticides and other chemicals, and empty containers, for a limited period of 6 weeks.

The aim of the Scheme is to reduce the risk posed by unwanted, out of date or revoked Registered Plant Protection Products, undiluted sheep dip or other specified chemicals to nearby watercourses that are a source for our drinking water supplies.
DEFINITIONS
2.1 In these terms and conditions the following words have the following meanings:

"Data Protection Laws" means all applicable data protection and privacy legislation in force from time to time in the UK including but not limited to the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

"Client", "you", "yours" means the applicant to the Scheme, whose details are set out in the Registration Form who will receive the Services of the Scheme.

"Contractor" means McQuillan Environmental whose registered address is Caulside Drive, Newpark Industrial Estate, Antrim, BT41 2DU

"NI Water", "we", "us", "our" means NI Water Limited (Company Number NI054463) whose registered address is at Westland House, Old Westland Road, Belfast, BT14 6TE.

"Registration Form" means the form completed by the Client when registering for the Scheme and forms part of these terms and conditions.

“Services” means the collection and disposal of the waste chemicals as defined below.
REGISTRATION
The registration window will be open from 2^nd January 2024 and will close on 16^th February 2024.

You can register in the following ways:
- online at https://forms.niwater.com/farm-chemicals-disposal-scheme/ by completing the online form.
- via telephone by contacting:
  - Catchment Officer on 07772225226
  - Catchment Officer 07585996364.
You must meet the eligibility criteria before registration. To find out if you are eligible, please see section 5 below.
PLANNED COLLECTION OF CHEMICALS
On successful registration, we will securely pass your details onto the Contractor who will contact you to arrange collection in relation to the performance of the Services.

It is planned to commence the farm chemical collection Services on 4^th March 2024.
ELIGIBILITY CRITERIA
You must own the pesticides or chemicals (‘products’). Commercial firms engaged in waste disposal are not eligible.

5.1. Eligible applicants:

To be eligible you must be a:
- Farmer
- Grower
- Game keeper
- Land manager
This Scheme is not available to:
- Householder pesticide and waste
- Commercial firms engaged in pest control
- Commercial firms engaged in ground/land maintenance
- Local Authorities’ Commercial firms engaged in waste disposal
5.1 Eligible Area

We will be promoting the Scheme to landowners located in the following drinking water catchment areas:
- The Ballinrees (Lower Bann) catchment area, along the River Bann between Castleroe, Co. Londonderrry and Bendoragh, Co. Antrim.
- The Carmoney (River Faughan) catchment area between Drumahoe, Co Londonderry and Carnanreagh, Co Londonderry.
5.2 Eligible Products

The Scheme is only available for professional (i.e. agricultural grade) products.

Domestic products and household waste (e.g. supermarket/hardware store bought weed killer in ready to use spray bottles) are not acceptable.

5.2.1 Products that are included:
- Herbicide / Weed Killer
- Sheep Dip
- Insecticide Sprays
- Rodenticides
- Fungicide Sprays
- Nominally empty pesticide or chemical containers
- Veterinary medicines
5.2.2 Products that are not included:
- Oil
- Fuel
- Domestic products
- Household waste
- Farm yard effluent
For information on the disposal of domestic and household waste, please contact your local council.

https://www.nidirect.gov.uk/contacts/local-councils-in-northern-ireland

For information on the disposal of other non-eligible products, please contact the supplier, where applicable.

Products must be in their original containers and not mixed or drained into other containers. NI Water and the Contractor have the right to refuse any collections which do not meet the above eligibility criteria.

There is no minimum amount to be collected but there is a maximum amount that will be collected for free. From any one location we will collect up to 150 litres or 150 kilograms of products under the Scheme. If you require the removal of higher volumes than stipulated (and/or products not covered by the Scheme), you may make a separate and private arrangement with a contractor outside of this Scheme: there are other contractors available that also provide this service.

5.2.3 Unknown products

To comply with The Hazardous Waste Regulations (Northern Ireland) 2005, and for health and safety reasons, we will need to establish what the product is before collection. Once registered, our Contractor will contact you directly to identify any unknown products and determine whether these products are eligible for collection.
CLIENT RESPONSIBILITIES
The Client is responsible for:
- co-operating with NI Water and the Contractor in all matters relating to the Services;
- providing NI Water and the Contractor in a timely manner and at no charge, access to the Client’s premises, lands, data and other facilities required to receive the Services;
- presenting for collection only those products listed at section 5.2.1, or as otherwise agreed by the Contractor and/or NI Water.
- supplying NI Water and the Contractor with such information and materials as may reasonably be required in respect of the Services and ensuring that such information is complete and accurate in all material respects in relation to registration and otherwise;
- risk in the products until such time as they have been collected by the Contractor.
SERVICE REFUSAL AND TERMINATION
NI Water and the Contractor reserve the right to refuse collection for reasons to be determined at their own discretion.

Northern Ireland Water reserve the right to terminate the Scheme, and these terms and conditions at any point by providing you with 2 days’ notice.
LIABILITY
NI Water nor its employees, agents, or representatives ("Representatives") shall be responsible for any injury, loss, or damage that may occur to you in connection with the Services from any cause, or for any other expenses, losses or liabilities (including as arising in connection with the Scheme and the Services and as caused by the Contractor), to the utmost extent permitted by law. In particular, you acknowledge that any issues with the Scheme and the provision of Services shall be between you and the Contractor to resolve, and that under no circumstances shall NI Water or its Representatives be liable for (i) any special, indirect, incidental, or consequential loss or damage whatsoever, or (ii) any loss of profit, loss of use, loss of opportunity, or any cost or damage resulting from any such loss. Nothing in this Agreement shall exclude or limit NI Water’s liability for anything which cannot be excluded or limited under applicable law.
DATA PROTECTION – data handling and sharing
Your privacy and personal information are important to NI Water. Any personal data that you provide to NI Water will be handled in accordance with Data Protection Laws and our Privacy Notice.

For the purposes of the Data Protection Laws, NI Water will be deemed the data controller and the Contractor will be the data processor. NI Water shall ensure the Contractor has in place, appropriate organisational and security measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

As the Data Controller, NI Water lawfully processes any non-sensitive, personal information you provide in association with your application for the Farm Chemicals Disposal Scheme, under the lawful basis Public Task in the public interest, i.e. protecting the water supply.

For any Special Category (sensitive) personal information you provide in association with your application for the Farm Chemicals Disposal Scheme, (e.g. within the free text comments field of the registration form, drawing our attention to a medical condition you may have which necessitates special disposal arrangements, etc.), the lawful basis for processing will be under Substantial Public Interest.

We will collect the following categories of personal data from you under this Scheme:
- your name
- your address
- email address
- Landline phone number
- Mobile phone number
- Farm Business Type
- your signature
We will not share your personal information with any third party other than
- the Contractor (so that they can confirm your eligibility, type of chemical/s, to arrange a collection date and provide the service to you)
- the Northern Ireland Environment Agency (NIEA), as part of the Waste Consignment note. This is needed to record the waste collected and how it is disposed of in compliance with NI Waste Regulations.
Your participation is completely voluntary, and your personal information will only be used for the purpose outlined above.

This personal information may also be used to send you information on initiatives that may be of interest to you, should you select to opt in to same. In such cases, NI Water’s lawful basis for processing would be your consent. Having given your consent if you wish to withdraw your consent please contact imu[AT]niwater[DOT]com

To comply with The Hazardous Waste Regulations (Northern Ireland) 2005, we must keep a record of all pesticides from collection to disposal. This information will be supplied to us by the Contractor following all collections. This information will be held confidentially by us for 3 years or for as long as there is a business need to do so in line with the purposes for which it was collected. After this, the data will be safely and securely destroyed. More information on the regulation is here -

https://www.legislation.gov.uk/nisr/2005/300/contents/made

You have rights under the Data Protection Legislation concerning the fair and transparent processing of your Personal Data. The ICO site refers.

If you change your mind about being contacted by us or would like us to amend the information we hold, please email us at: imu[AT]niwater[DOT]com

You can also request a copy of your information by contacting us via this email address.

Anonymous information

We will use partial postcodes (e.g. BT), type of pesticide and quantity collected to determine success of the Scheme. Any reporting on the scheme will be anonymised data so that no participants can be identified.

The contractor will administer an anonymous short questionnaire with you at the time of collection which aims to capture your attitudes to pesticides and your satisfaction with the scheme. Participation in the questionnaire is voluntary. The results of this anonymous short questionnaire will be shared with the Source to Tap project, in collaboration with Northern Ireland Water. Collating information from this scheme is helpful as it provides evidence and justification for being able to offer similar schemes in the future.
GENERAL
These terms and conditions constitute the whole agreement between NI Water to the exclusion of any other arrangement or understanding between you and us (whether written or oral) relating to its subject matter.

These terms and conditions shall be governed by the laws of Northern Ireland and any dispute shall be subject to the exclusive jurisdiction of the Northern Irish courts.
QUESTIONS
Questions: If you have any questions about the scheme, please contact the Farm Chemical Disposal team: catchment[AT]niwater[DOT]com ,07772225226 or 07585996364

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