Oregon Registration Terms & Conditions for Commercial Volume Program 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 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. Participants may include solid waste facilities, mattress reuse and renovators, recycling centers, retailers, lodging establishments, military and healthcare facilities, educational facilities, non-profit organizations or other local businesses that possesses Program Mattresses (collectively referred to as “Participants”). Mattresses that have not been used and abandoned or discarded in Oregon are excluded from this Program.
2) MRC’s Commercial Volume Program (“CVP”) is a commercial volume pickup service that is available to mattress retailers, educational facilities, commercial or nonprofit lodging establishments, military facilities, and healthcare facilities with a minimum of 100 properly source separated Program Mattresses to pick up at one time. Mattress retailers must be registered as a retailer with MRC, report and remit any and all applicable mattress recycling fees and remain in compliance with the Act in order to participate in CVP. Failure to remain in compliance will result in immediate termination of CVP registration.
3) An MRC-designated transporter (“Transporter”) will provide an MRC-approved container (“Collection Container”) to eligible CVP Participants to store Program Mattresses at the Participant’s facility, as well as pick up the full Collection Container from Participant’s facility and deliver it to an MRC-contracted mattress recycling facility (“Recycler”) to recycle acceptable Program Mattresses. These services and the recycling of acceptable Program Mattresses are provided at no cost to Participant, provided that Participant abides by these terms and conditions.
4) Participants 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.
5) In accordance with the Plan, Participants must manage Program Mattresses 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.
6) Participant must abide by the Mattress Recycling Council Oregon Commercial Volume Program Requirements (“Requirements”)
CVP OR Requirements pdf which provides the definitions contained in these terms and conditions. These Requirements outline Participant’s obligations under the Plan, including but not limited to:
a) Training staff to be knowledgeable regarding the Collection Requirements before accepting mattresses.
b) Preventing Mattresses that have been used and abandoned or discarded outside of Oregon from entering the Program.
c) Keeping collected Program Mattresses dry and intact to maximize what can be recycled.
d) 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;
e) Efficiently stack Program Mattresses in approved Collection Containers to maximize capacity.
f) Removing any furniture, tires, futon frames, electronics, loose bedding, mattress toppers, metal mattress frames, 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.
g) Notifying Transporter at least two days before your Collection Container is full via MRC’s online portal, MyMRC.
h) Completing all MRC-required paperwork and reporting requirements as outlined in the Requirements.
7) Participant agrees to maintain a hand-written log on a form developed by MRC documenting the origination of all Mattresses collected to ensure that they are Program Mattresses. At the time of the delivery of the Program Mattresses to Recycler, Participant will surrender this log directly to the Recycler.
8)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.
9) 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.
10) A Recycler may reject any non-Program Mattresses or other unacceptable items 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.
11) 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 within 5 business days of the request.. Participant must cooperate with MRC, its Transporter and any and all commercial insurers, in the event of a claim of damage to a Collection Container. MRC requires its Transporters to maintain automobile liability insurance coverage with policy limits of at least $1,000,000 per occurrence.
12) MRC is not liable for any damage to persons or property, including Collection Containers, resulting from the use, misuse, or failure of any property used by the Participant or any of its employees or contractors, even if such property is furnished, rented, or loaned to Participant by MRC or its Transporter.
13) 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.
14) 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.
15) MRC may terminate Participant’s participation in the Program immediately if Participant does not meet these terms and conditions.
16) Participation in the Program is voluntary. Participant may terminate their participation in the Program upon ten days written notice to MRC.
17) 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