Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/056.
As used in this chapter:
"Department-marked item" means any refrigerant-containing item that: (i) has written upon it a department service identification number that has been provided to the property owner by a 311 or department representative, or (ii) has affixed upon it an official decal or sticker indicating that such item is designated for future servicing of refrigerant removal by the department, or (iii) has affixed upon it an official decal or sticker indicating that such item has already been serviced for refrigerant removal by the department.
"Motor vehicle" means any vehicle operated or driven upon a street that is propelled by any power other than human or animal power.
"Motor vehicle operator" means any person who operates, drives or is in actual physical control of a motor vehicle, and shall include any other person in such vehicle who assists the motor vehicle operator by removing any recyclable material placed out for collection by the department or a licensed carter or by loading recyclable material into the motor vehicle, or both, in violation of section 16-461 of this chapter.
"Motor vehicle owner" or "owner of a motor vehicle" means any person, other than a lienholder, having the property in or title to a motor vehicle, including a person entitled to the use and possession of a motor vehicle subject to a security interest by another person, and any lessee or bailee of a motor vehicle having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.
"Not-for-profit corporation" means a not-for-profit corporation as defined in subparagraph five or subparagraph seven of subdivision a of section one hundred two of the New York state not-for-profit corporation law.
"Person" means any individual, firm, corporation or other legal entity.
Recyclable material" means material that is discarded by or in excess to its owner at the time of such discard and (i) is designated as recyclable by the commissioner by rule pursuant to subdivision b of section 16-305 of this title or (ii) has an identifying mark, stamp or embossment indicating such material is the public property of the city or state of New York or the property of any public or private utility company.
"Refrigerant" means any substance consisting in whole or in part of a class I or class II ozone-depleting substance, which is used for heat transfer purposes and provides 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.
"Refrigerant-containing item" means any recyclable material that uses a refrigerant that must be removed prior to disposal, including, but not limited to, any air conditioner, refrigerator, water cooler, or freezer.
"Solid waste" means solid waste as defined in section 16-303 of this title.
"Street" means any public street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct, square or place, including marginal streets.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/056.
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