§ 27-2101 — Definitions

New York § 27-2101

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: Mercury-added Consumer Products
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-2101. Definitions.\n As used in this title:\n 1. "Hazardous waste management facility" shall have the same meaning\nas "commercial hazardous waste facilities" as defined in section 27-0901\nof this article.\n 2. "Collector" means any person who accepts mercury-added consumer\nproducts in order to transfer them to a solid waste management facility,\na hazardous waste management facility or another collector.\n 3. "Consumer" means any person who purchases a mercury-added consumer\nproduct for use other than resale.\n 4. "Dispose" or "disposal" means the abandonment, discharge, deposit,\ninjection, dumping, spilling, leaking or placing of any substance so\nthat such substance or any related constituent thereof may enter the\nenvironment. Disposal also means the thermal destruction of waste or\nhazardous waste and the burning of such wastes as fuel for the purpose\nof recovering useable energy.\n 5. "Distributor" means any person who sells mercury-added consumer\nproducts to a retailer in this state, including any manufacturer who\nsells to retailers in the state.\n 6. "Manufacturer" means any person who manufactures mercury-added\nconsumer products.\n 7. "Mercury-added consumer product" means any device or material into\nwhich elemental mercury or mercury compounds are intentionally added\nduring such device's or material's formulation or manufacture, and in\nwhich the continued presence of mercury is required to provide a\nspecific characteristic, appearance or quality, or to perform a specific\nfunction. Such term shall include, but not be limited to\nmercury-containing:\n (a) thermostats;\n (b) thermometers;\n (c) switches, whether individually or as part of another product;\n (d) medical or scientific instruments;\n (e) electrical relays and other electrical devices;\n (f) lamps; and\n (g) batteries sold to consumers, not including button batteries.\n 8. "Mercury-added novelty consumer product" means a mercury-added\nconsumer product intended mainly for personal or household enjoyment or\nadornment. Mercury-added novelty consumer products include, but are not\nlimited to, items intended for use as practical jokes, figurines,\nadornments, toys, games, cards, ornaments, yard statues and figures,\ncandles, jewelry, holiday decorations, items of apparel (including\nfootwear), or similar products. A product is not a mercury-added novelty\nconsumer product solely on the basis that it is a game with a light\nscreen display containing mercury, or includes a removable battery\ncontaining mercury.\n 9. "Mercury fever thermometer" or "mercury body thermometer" means a\nmercury-added consumer product that is used for measuring body\ntemperature. A product is not a "mercury fever thermometer" or "mercury\nbody thermometer" solely on the basis that it includes a removable\nbattery containing mercury.\n 10. "Solid waste" means solid waste as defined in section 27-0701 of\nthis article.\n 11. "Retailer" means any person in this state who sells new\nmercury-added consumer products to consumers for purposes other than\nresale.\n 12. "Solid waste management facility" means a solid waste management\nfacility as defined in section 27-0701 of this article.\n 13. "Elemental mercury" means the material represented by the chemical\nsymbol Hg. Elemental Hg is a silvery-white liquid (at room temperature)\nwith an atomic number of 80 and an atomic mass of 200.59.\n 14. "Mercury barometer" means a mercury-added consumer product used\nfor measuring atmospheric pressure.\n 15. "Mercury esophageal dilator" or "mercury bougie tube" means a\nmercury-added consumer product in the form of a long, flexible tube that\nis passed down a patient's esophagus to dilate a narrowed area.\n 16. "Mercury flow meter" means a mercury-added consumer product used\nfor measuring the flow or quantity of a moving fluid or gas.\n 17. "Mercury hydrometer" means a mercury-added consumer product used\nfor measuring the specific gravity of a liquid.\n 18. "Mercury hygrometer" or "mercury psychrometer" means a\nmercury-added consumer product used for measuring the water vapor\ncontent of air.\n 19. "Mercury gastrointestinal tube" means a mercury-added consumer\nproduct in the form of a tube used for addressing intestinal\nobstructions.\n 20. "Mercury manometer" means a mercury-added consumer product used\nfor measuring the pressure of liquids and gases.\n 21. "Mercury pyrometer" means a mercury-added consumer product used\nfor measuring the temperature of extremely hot materials.\n 22. "Mercury sphygmomanometer" means a mercury-added consumer product\nused for measuring blood pressure in the arteries.\n 23. "Mercury thermometer" means a mercury-added consumer product used\nfor measuring temperature.\n 24. "Mercury thermostat" means a mercury-added consumer product that\nuses a mercury switch to sense and control room temperature through\ncommunication with heating, ventilating or air conditioning equipment.\nSuch term includes thermostats used to sense and control room\ntemperature in residential, commercial, industrial and other buildings,\nbut does not include a thermostat used to control temperature as part of\na manufacturing process.\n 25. "Mercury relay" means a mercury-added consumer product or device\nthat opens or closes electrical contacts to affect the operation of\nother devices in the same or another electrical circuit. Such term\nincludes mercury displacement relays and mercury contact relays but\nshall not include mercury wetted reed relays.\n 26. "Mercury switch" means a mercury-added consumer product or device\nthat opens or closes an electrical circuit or gas valve. Such term\nincludes mercury float switches actuated by rising or falling liquid\nlevels, mercury tilt switches actuated by a change in the switch\nposition, mercury pressure switches actuated by a change in pressure,\nand mercury temperature switches actuated by a change in temperature but\nshall not include mercury flame sensors. Mercury switch does not include\na mercury thermostat.\n 27. "Household" means a single or multiple family residence.\n 28. "Manufacturer" means any person, firm, association, partnership,\nlimited liability company, corporation, governmental entity,\norganization, combination or joint venture which is the last entity to\nproduce or assemble a new motor vehicle that utilizes mercury-added\ncomponents or, in the case of an imported motor vehicle, the importer or\ndomestic distributor of such vehicle.\n 29. "Mercury-added component" means a motor vehicle component that\ncontains greater than fifteen milligrams of mercury, which was\nintentionally added to such vehicle in order to provide a specific\ncharacteristic, appearance or quality, to perform a specific function,\nor for any other purpose. Such components shall include, but not be\nlimited to, switches, sensors, lights and navigational systems.\n 30. "Mercury-added lamp" means an electric lamp to which mercury or\nmercury compounds are intentionally added during the manufacturing\nprocess, including, but not limited to, compact fluorescent lamps,\nfluorescent lamps and tubular fluorescent lamps with normal or long\nlifetime.\n 31. "Producer of mercury-added lamps" means any person who:\n (a) manufactures and sells mercury-added lamps under its own brand;\n (b) resells under its own brand equipment produced by other suppliers,\na reseller not being regarded as the producer of mercury-added lamps if\nthe brand of the producer of mercury-added lamps appears on the\nequipment, as provided for in paragraph (a) of this subdivision; or\n (c) serves as the importer or domestic distributor of a mercury-added\nlamp if the brand name owner is located outside of the United States.\n 32. "General purpose lights" means lamps, bulbs, tubes, or other\nelectric devices that provide functional illumination for indoor\nresidential, indoor commercial, and outdoor use. General purpose lights\nshall not include special purpose lights.\n 33. "Special purpose lights" means the following specialty lighting:\nappliance, black light, germicidal, colored, plant light, reflector,\nreprographic, shatter-resistant, cold temperature, sign service, and\npreheat.\n 34. "Long lifetime" means more than twenty-four thousand hours when\ntested on a T8 instant start ballast, a T12 rapid start ballast, or a T5\nprogrammed start ballast, and turned on and off every three hours\n("three hour starts").\n