PAVEMENT PRODUCTS.

Austin City Code tit. 6, ch. 6-6

in effect

Austin City Code § 6-6-1 DEFINITIONS.

§ 6-6-1 - DEFINITIONS. (1) DIRECTOR means the director of the Watershed Protection Department. (2) HIGH PAH PAVEMENT PRODUCT means a material that contains more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons (PAH) by weight; may contain coal tar, coal tar pitch volatiles, RT-12, refined tar, steam-cracked petroleum residues, heavy pyrolysis oil, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the chemical abstracts service (CAS) numbers 65996-92-1, 65996-93-2, 65996-89-6, 8007-45-2, 64742-90-1, or 69013-21-4; and is for use on an asphalt or concrete surface, including a driveway, playground, or parking area. Source: Ord. 20051117-070; Ord. No. 20191017-022, Pt. 2, 1-1-20.

Austin City Code § 6-6-2 USE OF HIGH PAH PAVEMENT PRODUCTS PROHIBITED.

§ 6-6-2 - USE OF HIGH PAH PAVEMENT PRODUCTS PROHIBITED. (A) Except as provided in Section 6-6-4 (Exemptions), a person may not use a high PAH pavement product within the City's planning jurisdiction. (B) A person who owns property on which a high PAH pavement product is used is presumed to have used a high PAH pavement product in violation of this section. Source: Ord. 20051117-070; Ord. No. 20191017-022, Pt. 3, 1-1-20.

Austin City Code § 6-6-3 SALE OF HIGH PAH PAVEMENT PRODUCTS RESTRICTED.

§ 6-6-3 - SALE OF HIGH PAH PAVEMENT PRODUCTS RESTRICTED. Except as provided in Section 6-6-4 (Exemptions), a person may not sell a high PAH pavement product within the City's planning jurisdiction, unless: (1) the sale is to a person who intends to use the high PAH pavement product outside the City's planning jurisdiction; and (2) the seller requires the purchaser to complete and sign a form provided by the director that includes: (a) the name, address, and phone number of the purchaser; (b) the date of the purchase; (c) the quantity of high PAH pavement product purchased; (d) a statement that the high PAH pavement product will not be used within the City's planning jurisdiction; and (e) an affirmation by the purchaser that the information on the form is correct; and (3) the seller retains the completed form for a period of not less than three years and allows the director to inspect or copy the form upon request. Source: Ord. 20051117-070; Ord. No. 20191017-022, Pt. 4, 1-1-20.

Austin City Code § 6-6-4 EXEMPTIONS.

§ 6-6-4 - EXEMPTIONS. The director may exempt a person from a requirement of this chapter if the director determines that: (1) the person is researching the effect of a high PAH pavement product on the environment or is developing an alternative technology, and the use of a high PAH pavement product is required for the research or development; or (2) a viable alternative to a high PAH pavement product is not available for the intended use. Source: Ord. 20051117-070; Ord. No. 20191017-022, Pt. 5, 1-1-20.

Austin City Code § 6-6-5 OFFENSE; PENALTY.

§ 6-6-5 - OFFENSE; PENALTY. (A) A person who violates this chapter commits a Class C misdemeanor punishable by: (1) a fine not to exceed $500; or (2) if the person acts with criminal negligence, a fine not to exceed $2,000. (B) Each day that a violation occurs or continues is a separate offense. (C) Proof of a higher degree of culpability than criminal negligence constitutes proof of criminal negligence. Source: Ord. 20051117-070.

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=TIT6ENCOCO_CH6-6PAPRFetched: 10/27/2026