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 possess 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.
2) MRC’s Commercial Volume Program (“CVP”) is a commercial volume pickup service that is open to retailers, hotels, educational facilities, commercial or nonprofit lodging establishments, military facilities, and healthcare facilities with more than 100 Program Mattresses to pick up at one time.
3) An MRC-designated transporter (“Transporter”) will pick up acceptable Program Mattresses from Participant and deliver to an MRC-contracted mattress recycling facility (“Recycler”) to recycle acceptable Program Mattresses. The transportation and recycling of acceptable Program Mattresses are provided at no cost to Participant, provided that Participant abides by these terms and conditions.
4) Participant will cooperate with the Transporter to schedule convenient pickup times and to facilitate efficient loading of acceptable Program Mattresses. Participant must provide at least two staff members to load Program Mattresses onto the Transporter’s container or vehicle.
5) Participant must abide by the Mattress Recycling Council Oregon Commercial Volume Program Collection Requirements (“Requirements”)
MRC-CVP-OR-Requirements, 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) Keeping Program Mattresses dry and intact to maximize what can be recycled.
b) Preventing Mattresses that have been used and abandoned or discarded outside of Oregon from Transporter’s container or vehicle.
c) Refraining from providing Program Mattresses that are severely wet/moldy, damaged, twisted, frozen, soiled or infested with other living organisms to Transporters.
d) Efficiently stack Program Mattresses to maximize capacity.
e) Refrain from including any furniture, metal bed frames, tires, futon frames, electronics, loose bedding, mattress toppers, out of state mattresses and foundations, hazardous material or other waste defined in the Requirements as unacceptable (collectively referred to as “non-Program Mattresses”) with Program Mattresses.
f) Completing all MRC-required paperwork and reporting requirements as outlined in the Requirements.
6) If Program Mattresses cannot be recycled, Participant must dispose of the Program Mattress at Participant’s own cost in accordance with 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.
7) Participant agrees to allow MRC, and its authorized agents access to its facility during the loading of Program Mattresses. In the event that Participant possesses Program Mattresses that cannot be recycled, requiring disposal by Participant, Participant will, upon request, provide MRC with data regarding Final Disposition to confirm Participant’s compliance with Environmentally Sound Management practices, as defined in Section 6.
8) A Recycler may reject any non-Program Mattresses 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 commercial general liability insurance with policy limits of at least $1,000,000 per occurrence and upon request, will provide MRC with proof of coverage.
10) Transporters are contractually required to maintain commercial automobile liability coverage of at least $1,000,000 per occurrence.
11) MRC is not liable for any damage to persons or property, resulting from the use, misuse, or failure of any property used by the Participant or any of its employees or contractors during the loading or Program Mattresses.
12) 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.
13) Participant will have control of all operations and will make their own decisions regarding the manner in which their operations are performed. Nothing in these terms and conditions will be construed to designate Participant, or any of its employees or subcontractors, as employees, agents, joint ventures, or partners of MRC.
14) MRC may terminate Participant’s participation in the Program immediately if Participant does not meet these terms and conditions.
15) Participation in the Program is voluntary. Either Party may terminate their participation in the Program upon ten days’ written notice to the other Party.
16) Upon termination of CVP participation, Participant agrees to immediately cease using all MRC, CVP and Bye Bye Mattress marketing material, badges and logos, including but not limiting to removing any and all online and printed references to Participant’s CVP registration and involvement.
Effective Jan. 1, 2025