LD 1309
pg. 2
Page 1 of 3 An Act To Protect Public Health by Reducing Human Exposure to Arsenic Page 3 of 3
Download Bill Text
LR 1495
Item 1

 
commonly referred to as CCA, or similar wood-preserving chemical
mixtures.

 
2.__Outdoor structure.__"Outdoor structure" means a
construction of wood located outside on a property, whether
attached to or detached from a building, including, but not
limited to, a play set, picnic table, sandbox, deck, railing,
banister, set of steps, balcony, fence, post or dock.

 
§1682.__Restriction on sale

 
1.__Arsenic-treated wood.__A person may not sell or
distribute any arsenic-treated wood or product manufactured
with arsenic-treated wood except as provided in subsection 2.

 
2.__Exemptions.__The prohibition in subsection 1 does not
apply to arsenic-treated wood intended solely for uses in
direct continuous contact with salt water or fresh water if
such uses are in compliance with labels for chromated copper
arsenate wood preservatives approved by the United State
Environmental Protection Agency and the wood product
manufacturer, distributor or seller provides information to
the purchaser and handlers of the arsenic-treated wood on
precautions that should be taken during construction, use,
maintenance and disposal to minimize human exposure to
arsenic.__Providing current information available from the
Department of Human Services, Bureau of Health; Department of
Environmental Protection; or the United States Environmental
Protection Agency satisfies the informational requirements in
this subsection.

 
§1683.__Providing notice

 
Prior to the sale or transfer of any residential real
property that is subject to the requirements of Title 33,
section 173, the owner or transferer of the real property
shall file a written notice with the purchaser or transferee
disclosing the location of any outdoor structure, whether the
outdoor structure was made with arsenic-treated wood or with
pressure-treated wood installed prior to January 1, 2004 and
whether the outdoor structure was coated with a sealant during
the 180 days preceding the date of transfer.

 
§1684.__Restrictions on disposal

 
1.__Disposal ban. A person may not process or dispose of
arsenic-treated wood by burning it as a fuel or chipping,
mulching or composting it for any intended purpose or by
commingling it with municipal solid waste except with an
assurance that such waste will be disposed of directly in a
lined landfill without prior processing pursuant to subsection
2.


Page 1 of 3 Top of Page Page 3 of 3