§ 17-03 Registration Requirements.

   (a)   By July first, two thousand fourteen, responsible parties must register with the department on a form provided by the department. Such form may be obtained from the department's website or by written request to:

      Bureau of Recycling and Sustainability
      ATTN: Refrigerant Recovery Program
      New York City Department of Sanitation
      44 Beaver Street, 6th Floor
      New York, NY 10004

   (b)   Such registration shall include:

      (1)   the name and billing address of the responsible party;

      (2)   a statement indicating whether the responsible party has elected 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 in the refrigerant recovery program provided pursuant to subdivision a of § 16-482 of the Administrative Code of the City of New York;

      (3)   a list of all brand names currently owned by and/or licensed to the responsible party. If a manufacturer licenses the right to market and sell all models of an appliance type from the brand owner, it shall list all such appliance type(s) by brand;

      (4)   If a responsible party has elected to establish or participate in a refrigerant recovery program pursuant to paragraph one or two of subdivision b of § 16-481 of the Administrative Code of the City of New York, the registration shall also include:

         (i)   the name, title and contact information of the person designated by the responsible party as the liaison for its refrigerant recovery program;

         (ii)   a toll-free telephone number and/or the address of a website where residential generators may obtain information regarding the responsible party's refrigerant recovery program; and

         (iii)   a brief description of the responsible party's refrigerant recovery program.

§ 17-04 Departmental Refrigerant Recovery Program.

   (a)   The department shall provide a refrigerant recovery program for appliances set out for department collection by residential generators. The department shall charge the responsible party a fee of fifteen dollars for each of their appliances serviced by the department.

   (b)   The department shall bill responsible parties biannually for their appliances that are serviced by the department. The department shall provide a responsible party with a statement indicating how many of its appliances were serviced by the department. The department shall also provide the responsible party with information indicating the number of the responsible party's appliances the department serviced by type, the district where the appliances were serviced, the date on which the appliances were serviced, and the serial or model numbers of the appliances serviced by the department. Payment of any fees not challenged in good faith pursuant to paragraph (1) of subdivision (c) of this section shall be due no later than sixty days, plus an additional five days for bills that are mailed for delivery by the United State Postal Service, after the date the department issued the bill. Such date will be included in the bill. The department shall first seek to bill the brand owner and then the manufacturer. However, if a manufacturer that licenses the right to market and sell all models of an appliance type from a brand owner (1) registers with the department as a responsible party, (2) lists any such appliance type on its registration form pursuant to paragraph (3) of subdivision (b) of 16 RCNY § 17-03 and (3) provides the department a billing address within the United States, the department shall first seek to bill the manufacturer/licensee. If the manufacturer/licensee fails to timely pay a bill pursuant to this paragraph, the department may bill the brand owner. If the department determines that an appliance is an orphaned product or the department does not record a serial or model number for the appliance serviced, then no responsible party shall be billed.

   (c)   (1)   No later than sixty days, plus an additional five days for bills that are mailed for delivery by the United States Postal Service, after a biannual bill is issued by the department, a responsible party may submit a challenge in good faith to fees contained in a biannual bill by sending a letter setting forth the specific reasons why the responsible party believes the fees are inaccurate or without legal basis and any necessary documentation or evidence to substantiate the challenge to:

         Deputy Commissioner for Legal Affairs
         New York City Department of Sanitation
         125 Worth Street, Room 710
         New York, NY 10013

      (2)   The department shall issue an initial response to any timely challenge submitted by a responsible party within sixty days of receipt. Such initial written response may be, but need not be, the Deputy Commissioner for Legal Affairs' final determination. If the department does not respond within sixty days, then the responsible party shall not be obligated to pay the disputed fees. The department shall issue a final determination when, in its discretion, it has determined the merit of the challenge. The department shall notify the responsible party of such final determination and shall make any necessary adjustments or corrections to the bill. Any remaining payments shall be due within thirty days after the date of issuance of such final determination.

   (d)   The department shall provide a list on its website of all responsible parties that elect to (i) establish refrigerant recovery programs, or (ii) participate with other responsible parties in refrigerant recovery programs. Such list shall include a toll-free telephone number and/or a link to the address of a website where residential generators may obtain information regarding the responsible parties' refrigerant recovery program, if such telephone number or website address has been provided to the department as required by 16 RCNY § 17-03. If the department is aware of any appliance take-back program serving city residents that is sponsored by a utility company, it shall provide on such list a link to the address of the website for such utility-sponsored program.

§ 17-05 Annual Reporting.

   (a)   By July first, two thousand fifteen and annually thereafter, a responsible party who elects to (i) establish its own refrigerant recovery program or (ii) participate with other responsible parties in a refrigerant recovery program shall submit to the department an annual report on a form provided by the department. Such form may be obtained from the department's website or by written request to:

      Bureau of Recycling and Sustainability
      ATTN: Refrigerant Recovery Program
      New York City Department of Sanitation
      44 Beaver Street, 6th Floor
      New York, NY 10004

   (b)   A responsible party's annual report shall include:

      (1)   a brief description of the responsible party's refrigerant recovery program and any changes thereto;

      (2)   a listing of the responsible party's current brand names;

      (3)   the number of appliances by appliance type and the total tonnage of appliances by appliance type serviced under the responsible party's refrigerant recovery program; and

      (4)   the volume of refrigerants by refrigerant type recovered under the responsible party's refrigerant recovery program.

§ 17-06 Enforcement.

   (a)   It shall be a violation of this section for a responsible party to fail to submit a registration or annual report required by this chapter. Any such violation shall be punishable by a fine of two hundred fifty dollars per violation.

   (b)   It shall be a violation of this section for a responsible party or its agent to remove refrigerants from appliances that are serviced pursuant to a responsible party's refrigerant recovery program in a manner that does not comply with subpart F of part 82 of title 40 of the Code of Federal Regulations. Any such violation shall be punishable by a fine of five hundred dollars per violation.

   (c)   It shall be a violation for any responsible party or its agent to dispose of an appliance as solid waste in the city unless arrangements have been made for the lawful recovery of refrigerants. Any such violation shall be punishable by a fine of five hundred dollars per violation.

   (d)   The civil penalties prescribed in this subdivision shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding returnable before the Environmental Control Board.