Amendment of Sanitation Penalty Schedule Recovery of Refrigerants
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
Local Law 69 (LL 69) of 2013 holds the manufacturers of refrigerant-containing appliances responsible for the lawful recovery of refrigerants from appliances disposed of by residents. Since the enactment of LL 69, the Department of Sanitation (DSNY) has adopted amendments to Chapter 17 of Title 16 of the Rules of the City of New York. DSNY’s rules:
· Establish the registration requirements for “responsible parties,” meaning the a brand owner or manufacturer of refrigerant-containing appliances;
· Describe the obligations of responsible parties, including the requirement to indicate whether they will establish their own recovery program, participate with other responsible parties in a recovery program, or partake in DSNY’s recovery program;
· Establish fees associated with DSNY’s refrigerant recovery program, and describe the required information that must be contained in the biannual bill sent by DSNY to a responsible party;
· Create a process by which a responsible party can challenge DSNY’s biannual bill;
· Establish annual reporting requirements for responsible parties who establish their own or participate with other responsible parties in refrigerant recovery programs;
· Establish violations and fines for failing to comply with certain requirements of the proposed rule
· Establish a violation, punishable by a fine of $500, for any responsible party who disposes of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by LL 69; and
· Establish that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board (ECB).
To enforce the amendments to Chapter 17 of Title 16 of the Rules of the City of New York related to the proper disposal of refrigerants, ECB is proposing to amend its Sanitation Penalty Schedule to create penalties for violations of these rules.