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 40 CFR part 82.
"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.
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.
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.
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