When 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, portable air conditioners, dehumidifiers, refrigerators, refrigerator-freezers, water coolers, or freezers.
"Appliance type" means any of the following categories of appliances: air conditioners, dehumidifiers, refrigerators, water coolers, or freezers.
"Brand owner" means a person or entity whose brand name appears on an appliance sold, offered for sale or distributed in the city.
"Manufacturer" means a person or entity who manufactures or has manufactured an appliance sold, offered for sale or distributed in the city.
"Orphaned product" means an appliance for which no brand owner or manufacturer exists.
"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. Refrigerants shall not include (1) any substance that the administrator for the United States environmental protection agency has determined can be safely vented, released or disposed of pursuant to 42 U.S.C. § 7671g(c)(2) or (2) one or more of the following substances used alone or in combination with other compounds: CFC-11, CFC-12, CFC-113, CFC-114 or CFC-115.
"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.
"Responsible party" means (1) a brand owner or (2) a manufacturer.
"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 and in compliance with applicable federal, state and local regulations.
(a) On or after July first, two thousand fourteen, responsible parties shall be responsible for the lawful recovery of refrigerants from their appliances that are disposed of by residential generators.
(b) A responsible party may elect to (i) establish its own refrigerant recovery program, (ii) participate with other responsible parties in a refrigerant recovery program or (iii) have its appliances serviced by the department under the department's refrigerant recovery program. No program established pursuant to paragraph (i) or (ii) of this subdivision may include curbside collection of appliances. All such programs must comply with applicable federal, state and local regulations regarding the lawful recovery of refrigerants.
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