Section 16-480
§ 16-480 Definitions. As used in this chapter:
"Appliance" means any device that contains refrigerants and can be
used for household purposes including, but not limited to, room air
conditioners, refrigerators, water coolers, or freezers.
"Original equipment manufacturer" means (1) a person or entity whose
brand name appears on an appliance sold, offered for sale or distributed
in the city or (2) a person or entity who manufacturers or has
manufactured an appliance sold, offered for sale or distributed in the
city.
"Recover" or "recovery" means to remove refrigerants from an appliance
in such a way that the refrigerants are not released into the atmosphere
pursuant to subpart F of part 82 of title 40 of the code of federal
regulations.
"Refrigerants" means any substances consisting in whole or in part of
a class I or class II ozone-depleting substance, which are used for heat
transfer purposes and provide a cooling effect, including, but not
limited, to chlorofluorocarbons, hydro-chlorofluorocarbons, or any other
substitute substance as may be defined by the United States
environmental protection agency. A class I or class II ozone-depleting
substance shall be those substances as defined by the United States
environmental protection agency in section 602 of the United States
clean air act. A "substitute substance" shall be any environmental
protection agency approved replacement for a class I or II
ozone-depleting substance in a refrigeration or air-conditioning
end-use.
"Residential generator" means any person, entity, agency, or
institution in the city of New York that receives solid waste or
recycling collection service from the department.
"Room air conditioner" means any electrical appliance that has a
compressor, a condenser, an evaporator and a fan to cool and dehumidify
the surrounding air and that is capable in ordinary usage of being
mounted in a window or through a wall.
"Serviced by the department" means the recovery of refrigerants by the
department from appliances that are set out for department collection in
the city of New York.
Section 16-481
§ 16-481 Original equipment manufacturer responsibility for recovery.
a. On and after July first, two thousand fourteen, original equipment
manufacturers shall be responsible for the lawful recovery of
refrigerants from their appliances that are disposed of by residential
generators.
b. An original equipment manufacturer may elect to (i) establish its
own refrigerant recovery program, (ii) participate with other original
equipment manufacturers in a refrigerant recovery program, or (iii) have
its appliances serviced by the department in the refrigerant recovery
program provided pursuant to section 16-482 of this chapter. No program
established pursuant to paragraph one or two of this subdivision may
include curbside collection of appliances.
Section 16-482
§ 16-482 Department refrigerant recovery program. a. The department
shall provide a program for the recovery of refrigerants from appliances
that are set out for department collection in the city of New York.
b. The department shall establish, by rule, a fee for the recovery of
refrigerants from appliances that are set out for department collection
in the city of New York.
c. An original equipment manufacturer whose appliance is serviced by
the department shall be billed by the department and shall be
responsible for the payment of the fee established by the department for
the recovery of refrigerants.
Section 16-483
§ 16-483 Improper disposal of appliances. No original equipment
manufacturer or its agent shall dispose of an appliance as solid waste
in the city unless arrangements have been made for the lawful recovery
of refrigerants.
Section 16-484
§ 16-484 Enforcement. a. The department shall have the authority to
enforce the provisions of this chapter.
b. Any original equipment manufacturer or agent of such manufacturer
who violates section 16-483 of this chapter shall be liable for a civil
penalty of five hundred dollars for each violation.
Section 16-485
§ 16-485 Rulemaking authority. The department shall be authorized to
promulgate such rules as are necessary to implement the provisions of
this chapter, including but not limited to rules relating to reporting
by original equipment manufacturers and registration with the department
by such manufacturers, which registration may require the submission of
information related to such manufacturers' refrigerant recovery
programs, if any, and establishing penalties for violations of such
rules.
Section 16-486
§ 16-486 Severability. If any provision of this local law shall be
adjudged to be unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the provision directly involved in the
controversy in which such judgment shall have been rendered.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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