§ 18-161. Refrigerant removal verification.

The standards for evacuation of refrigerant to a recovery or recycling machine in 40 C.F.R. Part 82, and as may be amended from time to time, are hereby incorporated into this section by general reference. References to 40 C.F.R. Part 82 in this section shall be as a general reference and incorporate the regulations contained therein as may be amended from time to time.

All secondary metals recyclers shall comply with the requirements of 40 C.F.R. Part 82.

No person or business maintaining, servicing, repairing, or disposing of appliances or equipment, including secondary metals recyclers, may knowingly vent or otherwise release into the environment, any refrigerant(s) and/ or substitute(s) from such appliances or equipment as outlined in 40 C.F.R. Part 82.

All persons, including secondary metals recyclers, must evacuate any refrigerant(s) or have evacuation performed prior to their purchase by a certified technician and/or substitute(s) in the entire unit, or the part to be serviced, to a recovery or recycling machine that is certified pursuant to 40 C.F.R. Part 82.

Consistent with 40 C.F.R. Part 82, a certified technician must verify that the applicable level of evacuation has been reached in the appliances or equipment.

Secondary metals recyclers must ensure that all refrigerant(s) and or substitute(s) have been properly removed before any item is buried, shredded, dismantled, sold, or otherwise disposed of either by verifying its removal prior to arrival at the facility; or having the refrigerant(s) and/ or substitute(s) removed in accordance with 40 C.F.R. Part 82.

Consistent with 40 C.F.R. Part 82, secondary metals recyclers must obtain from each seller of appliances or equipment, a written and signed statement from a certified refrigerant recovery technician that the refrigerant has been properly removed from the appliances or equipment being sold. This statement must include the name, address, and phone number of that certified technician, and the specific date the refrigerant(s) and/ or substitute(s) was/ were removed, regardless of whether the appliances or equipment are whole, partially dismantled, dismantled or crushed. These requirements shall be in addition to the data collection requirements contained in section 18-154, above.

Secondary metals recyclers must post a warning, in at least two-inch-high lettering, stating that they will not accept any whole, partially dismantled, dismantled, dismantled, or crushed appliance for disposal without accompanying documentation of proper refrigerant removal as outlined in section 18-156, above.

All records required to be maintained pursuant to this section must be kept on site and made available to law enforcement upon request, for a minimum of five (5) years unless otherwise indicated.

(Ord. No. 2012-2, § 12, 2-14-12)