DIVERSION REQUIREMENTS FOR AFFECTED PREMISES.
Austin City Code § 15-6-92
in effect§ 15-6-92 - DIVERSION REQUIREMENTS FOR AFFECTED PREMISES.
(A) On-site recycling and organic material diversion services required under this article shall:
(1) collect at least the following materials: paper (including mixed paper and office paper), plastics PETE (#1) and HDPE (#2) bottles and containers, aluminum cans, corrugated cardboard, and glass bottles and jars;
(2) collect organic materials, if a premises with a food enterprise is subject to Subsection (E) of Section 15-6-91 (Affected Premises);
(3) collect at least the following materials, if a premises is subject to Part (A)(2) of Section 15-6-91 (Affected Premises):
(a) food scraps (including meat, bones, and dairy);
(b) food soiled paper; and
(c) BPI certified compostable products;
(4) provide receptacles, collection, capacity, and storage areas that comply with applicable administrative rules; and
(5) remove the recyclable or organic materials by either:
(a) transporting the recyclable and organic materials to a materials recovery or composting facility authorized by law;
(b) contracting with a City-licensed recycling service provider to transport the recyclable and compostable materials to a materials recovery or composting facility authorized by law; or
(c) transporting recyclable or organic material, as permitted and required by City Code, to a material recovery facility, food bank, processor, material broker, urban farm, urban ranch, rural farm, rural ranch, community garden, or a facility that prioritizes the hierarchy of beneficial use as set out in Subsection (D) of this section.
(B) The director may add to the list of recyclable materials required under Subsection (A)(1) of Section 15-6-92 (Recycling Requirements for Affected Premises) by providing notice on the City's website at least 365 continuous days before adding the additional materials.
(C) The department shall adopt rules that establish a process in which the responsible party for an affected premises can request:
(1) a waiver of certain requirements in this article;
(2) approval to comply with this article by achieving the City's Zero Waste Goal through alternative means;
(3) approval to substitute another recyclable material in place of a required recyclable material listed in Subsection (A)(1) above;
(4) approval to comply with this article by sharing solid waste, recycling, or organic materials diversion services;
(5) approval of a deduction of square footage under Subsection (E) of Section 15-6-91 (Affected Premises) if the food enterprise serves only pre-packaged food; or
(6) approval for performing recycling or organic materials diversion on-site.
(D) In accordance with the requirements of the Good Faith Donor Act set forth in Chapter 76 of the Texas Civil Practice and Remedies Code, the department shall by rule encourage the responsible party for affected premises to follow the hierarchy of beneficial use of scrap food which, beginning with the most beneficial, is:
(1) feeding hungry people;
(2) feeding animals;
(3) providing for industrial uses; and
(4) composting.
Source: 1992 Code Section 12-3-142; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018; Ord. 20130425-007; Ord. No. 20140612-010, Pt. 5, 6-23-14; Ord. No. 20230921-004, Pt. 2, 10-2-23.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-6SOWASE_ART5UNRE_DIV2SE_S15-6-92DIREAFPRFetched: 10/27/2026