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SECTION 38-0103
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 38
§ 38-0103. Definitions.

The following terms, whenever used or referred to in this article,
shall have the following meaning unless a different meaning clearly
appears from the context:

1. "Chlorofluorocarbon compounds" shall mean 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.

2. "Ozone" means an allotropic, triatomic form of oxygen, chemically
described as O3.

3. "Halon compounds" shall mean one or more of the following
substances: halon-1211, halon-1301 and halon-2402.

4. "Person" shall mean any person, business enterprise or state
authority, locality or municipality.

5. "Motor vehicle" shall mean motor vehicle as defined by section one
hundred twenty-five and omnibus as defined by section one hundred
twenty-six of the vehicle and traffic law.

6. "Motor vehicle air conditioner" means mechanical vapor compression
refrigeration equipment used to cool the drivers or passenger
compartment of any motor vehicle.

7. "Approved motor vehicle refrigerant recapturing equipment" means
equipment that is certified by Underwriters Laboratories (or another
independent standards testing organization acceptable to the department)
to meet the Underwriters Laboratories standard applicable to equipment
for the removal and storage of used CFC refrigerants from motor vehicle
air conditioners (Underwriters Laboratories standards 1963, October 2,
1989) unless such standard is modified by the commissioner through
regulation. Equipment purchased before the date of such certification
shall be considered approved if the manufacturer provides proof that the
model is functionally identical to a model which is certified pursuant
to this section.

8. "Approved motor vehicle refrigerant recycling equipment" means
equipment that is certified by Underwriters Laboratories (or another
independent standards testing organization acceptable to the department)
to meet the society of automotive engineers standard applicable to
equipment for the extraction and reclamation of refrigerant from motor
vehicle air conditioners (SAE standard J-1990, October, 1989), unless
such standard is modified by the commissioner through regulation.
Equipment purchased before the date of such certification shall be
considered approved if the manufacturer provides proof that the model is
functionally identical to the model which is certified pursuant to this
section.

9. "Properly using" approved motor vehicle refrigerant recycling
equipment means using such equipment in conformity with the Society of
Automotive Engineers standard establishing the recommended service
procedure for containment of CFC-12 refrigerant (SAE standard J-1989 or
revisions thereof).

10. "Recycle" means to decontaminate, reclaim, or reprocess CFC
refrigerants captured from a motor vehicle air conditioner or
refrigeration system for reuse, or to destroy such compounds by methods
approved by either the United States Environmental Protection Agency or
the commissioner.

11. "Refrigeration system" shall mean and shall be limited to:
refrigerators used in retail stores, cold storage warehouse
refrigeration systems, and air conditioning systems in large buildings,
including but not limited to, those systems commonly referred to as
chillers.