Oregon Registration Terms & Conditions for Collection Site and Collection Event Participants
The Mattress Recycling Council Oregon, LLC (“MRC”) is the stewardship organization approved by the State of Oregon to implement the Oregon mattress stewardship program (the “Program”), as set forth in Oregon Revised Statute §459A.150-459A.189 and the Mattress Stewardship Act, Senate Bill 1576 (2022) (the “Act”). MRC welcomes your participation in the Program. By completing this registration, the Participant is bound to the following terms and conditions.
1) Participation in the Program is open to a variety of covered entities that collect mattresses and box springs (collectively referred to as “Program Mattresses”) that have been used, and abandoned or discarded in Oregon under which MRC will provide environmentally sound management under the Program. Participants may include solid waste facilities, mattress reuse and renovators, recycling centers, retailers, non-profit organizations or other local businesses that possesses Program Mattresses (collectively referred to as “Participants”). Participants may also host collection events that would be serviced and/or operated by MRC designated contractors (i.e. transporter and recyclers) with prior MRC written approval.
2) An MRC-contracted mattress recycling facility (“Recycler”) will recycle acceptable Program Mattresses at MRC’s cost.
3) Participants have two options for transportation of Program Mattresses:
(a) an MRC-designated transporter (“Transporter”) will pick up Program Mattresses from Participant and deliver to Recycler at MRC’s cost. MRC Transporters are required by contract to carry commercial general liability and automobile liability coverage of at least $1,000,000 per occurrence, or
(b) Participant may deliver eligible Program Mattresses directly to the Recycler. If Participant chooses to transport Program Mattresses directly to Recycler, Participant must arrange for the delivery using only transporters that Participant confirms are licensed and insured in accordance with the law and these Terms & Conditions. If Participant delivers Program Mattresses directly to Recycler, Participant must independently schedule a delivery time with the Recycler in order to facilitate an efficient off-load. MRC is not responsible for any demurrage charges incurred by the Participant.
Participants electing option (a) will inspect Collection Container(s) upon arrival and determine whether they are in proper condition for use. MRC or its Transporter is responsible for replacing any defective Collection Containers and repairing normal wear-and-tear to the Collection Containers. Participant will immediately notify MRC if at any point a Collection Container(s) is destroyed, damaged or not in proper condition for use and will not use any such defective Collection Containers until they are repaired or replaced by MRC or its Transporter. Participant will exercise reasonable care in securing and maintaining their premises and safeguarding Collection Container from damage.
4) In accordance with the Program, Participants must manage Program Mattresses in accordance Environmentally Sound Management principals, which includes, but is not limited to, the following management practices, implemented in a manner that is designed to protect public health and safety and the environment.
a) Adequate record keeping;
b) Keeping detailed documentation of the methods used to: (1) Manage Discarded Mattresses; and (2) Track and document the fate of discarded mattresses from collection through Final Disposition within this state and Compliance with worker health and safety requirements.
c) Performance audits as determined by MRC;
d) Compliance with worker health and safety requirements;
e) Maintenance of adequate liability insurance for MRC.
5) Participant must abide by the Mattress Recycling Council Oregon Collection Requirements (“Requirements”)
2024-OR-State-Guidelines-Final.pdf, which provides the definitions contained in these terms and conditions. These Requirements outline Participant’s obligations under the Program, including but not limited to:
a) Allowing free drop-off of Program Mattresses in any condition.
b) Training staff to be knowledgeable regarding the Collection Requirements before accepting mattresses.
c) Preventing Mattresses that have been used and abandoned or discarded outside of Oregon from entering the Program.
d) Keeping collected Program Mattresses dry and intact to maximize what can be recycled.
e) Refraining from the placement of Program Mattresses that are severely wet/moldy, damaged, twisted, frozen, soiled or infested with other living organisms in Collection Containers;
f) Efficiently stack Program Mattresses in approved Collection Containers to maximize capacity.
g) Removing any furniture, tires, futon frames, electronics, loose bedding, mattress toppers, hazardous material or other waste defined in the Requirements as unacceptable (collectively referred to as “non-Program Mattresses”) that were improperly placed in a Collection Container prior to transport.
h) Notifying Transporter at least two days before your Collection Container is full via MRC’s online portal, MyMRC.
i) Completing all MRC-required paperwork and reporting requirements as outlined in the Requirements.
6) If Program Mattresses cannot be recycled, Participant, at its own cost, must dispose of the Program Mattress through the existing solid waste stream in accordance with Environmentally Sound Management practices, including documenting Final Disposition.
7) Participant agrees to allow MRC and its authorized agents access to its Collection Site and data regarding Final Disposition to confirm Participant’s compliance with the Requirements, including Environmentally Sound Management practices.
8) A Recycler may reject any non-Program Mattresses which participant has placed in a Collection Container that it receives from a Participant and may, at its sole discretion, reject an entire delivery if it contains non-Program Mattresses or any potentially hazardous waste. If a Recycler rejects some or all of a delivery for this reason, Participants will be responsible for all costs associated with removing and properly disposing of the rejected non-Program Mattresses or hazardous waste, as well as any clean-up costs associated with the hazardous waste.
9) Participant must maintain general liability insurance of at least $1,000,000 per occurrence. If Participant is providing transportation services, Participant is responsible for confirming that any transporter delivering the Participant’s Program Mattresses to an MRC-designated Recycler carries commercial general liability and automobile liability coverage of at least $1,000,000 per occurrence. MRC may request written confirmation of insurance coverages at its discretion, for which Participant will have five business days to provide.
10) Nothing in these Terms & Conditions will be construed to designate Participant, or any of its employees or subcontractors, as employees, agents, joint ventures or partners of MRC.
11) In no event will MRC be liable for Special, Indirect, Consequential, or Incidental Damages, or Lost Profits, Loss of Revenue, or Loss of Use arising out of or related to these Terms & Conditions, whether such damages arise in Contract, Negligence, Tort, Under Statute, in Equity, at Law or otherwise.
12) Participation in the Program is voluntary. Either party may withdraw from participation with 10 days’ written notice to the other party. For Participants holding collection events, these terms and conditions will govern any and all future collection events, even if not specifically listed in the registration form, until either party terminates this agreement pursuant to this paragraph.
13) MRC may terminate Participant’s participation immediately for failure to adhere to these Terms & Conditions.
14) Upon termination, Participant agrees to immediately cease using all MRC and Bye Bye Mattress marketing material, badges and logos including but not limited to removing any and all online and print references to Participant’s involvement with the Program
MRC and the Participant agree to these Terms & Conditions.
Effective Jan. 1, 2025