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Midland, TX Trash & Recycling: Recycling Requirements (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State recycling definitions
Tex. Health & Safety Code § 361.421
Mandatory recycling surcharge
$0.50 per month per residential account
Surcharge uses
Recycling, capital equipment, education programs
Curbside recycling mandate
None; participation is not required
Fund administrator
City Manager, with City Council approval

Summary

Texas Health & Safety Code § 361.421 defines what legally counts as 'recyclable material,' 'recycling' and 'yard waste' for state waste-reduction programs. Midland does not require residents to sort or set out recyclables; instead every residential utility account pays a mandatory $0.50 monthly recycling surcharge under City Code § 8-6-8(H), which funds the City's own recycling and education programs.

Sec. 361.421. DEFINITIONS. In this subchapter: ... (5) "Recyclable material" means material that has been recovered or diverted from the solid waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. ... Recyclable material is not solid waste unless the material is deemed to be hazardous solid waste by the Administrator of the United States Environmental Protection Agency... (8) "Recycling" means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. ... (12) "Yard waste" means leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material not greater than six inches in diameter, that results from landscaping maintenance and land-clearing operations. The term does not include stumps, roots, or shrubs with intact root balls.

Source: Midland Code of OrdinancesView official code

Full Breakdown

State law supplies the vocabulary Midland's recycling program runs on. 421(5) defines 'recyclable material' as material recovered or diverted from the solid waste stream for reuse, recycling or reclamation that is consistently used in place of raw materials, and clarifies that such material is not regulated as solid waste unless the EPA deems it hazardous. 421(8) defines 'recycling' itself as the process of collecting, separating or processing materials that have served their intended use and returning them to production as raw materials, and (12) separately defines 'yard waste' as leaves, grass clippings, yard and garden debris and brush up to six inches in diameter, excluding stumps, roots or shrubs with intact root balls.

None of that state text creates a local mandate to recycle. 50 recycling surcharge each month, on top of the base solid waste fee. Section 8-6-8(I) restricts that surcharge to three uses: recycling materials, buying capital equipment needed to recycle, and running educational programs about the benefits of recycling. Section 8-6-8(J) lets the City Manager, with City Council approval, disperse those funds, including for wages and benefits, and contract with independent contractors to carry out the program. 50 recycling surcharge under § 8-6-9(E)-(F). There is no separate ordinance in Midland's code compelling a household to place recyclables at the curb or subscribe to a recycling cart; participation, unlike the fee, is not mandatory.

Violations & Fines

The recycling surcharge is billed as part of the same monthly solid waste charge covered by § 8-6-8, so nonpayment carries the same consequence as any other unpaid solid waste bill: the City Manager can order water and garbage service disconnected under § 8-6-13 until the account is brought current, plus a reconnection fee under § 3-1-5. There is no separate penalty for declining to recycle, because recycling participation itself is not mandated.

Frequently Asked Questions

Does Midland require residents to recycle?
No. City Code has no ordinance requiring residents to sort or set out recyclables for curbside pickup. What is mandatory is a $0.50 monthly recycling surcharge on every residential utility account under § 8-6-8(H), which funds the City's recycling capacity rather than compelling household participation.
What counts as 'recyclable material' under Texas law?
Texas Health & Safety Code § 361.421(5) defines it as material recovered or diverted from the solid waste stream for reuse, recycling, or reclamation that is consistently used to manufacture products in place of raw materials. The statute adds that recyclable material is not regulated as solid waste unless the EPA deems it hazardous.
Where does Midland's recycling surcharge money go?
Under § 8-6-8(I), the money can only fund the recycling of materials, the purchase of capital equipment needed to recycle, and educational programs about the benefits of recycling. Section 8-6-8(J) lets the City Manager hire staff or contract with outside recyclers to carry out those purposes, subject to City Council approval.

Sources & Official References

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