§ 37-0109. Chromated copper arsenate pressure treated lumber; public

facilities.

1. The state, and any political subdivision thereof, school district,
board of cooperative educational services or public authority, and any
agency of any such entity shall be prohibited from constructing, any
structure on any playground owned or operated by such an entity, which
uses lumber which is pressure treated with chromated copper arsenate.

2. The state, and any political subdivision thereof, school district,
board of cooperative educational services or public authority, and any
agency of any such entity shall maintain and operate all (a) structures
constructed with lumber which is pressure treated with chromated copper
arsenate, which is on any playground owned or operated by such an
entity, or (b) picnic tables constructed with lumber which is pressure
treated with chromated copper arsenate, which is on any facility owned
or operated by such an entity, in such a manner as to minimize chromated
copper arsenate from leaching from such structure or picnic table. Every
such entity shall maintain the ground cover surrounding any such
structure or picnic table in a manner to minimize exposure to potential
chromated copper arsenate contamination.

3. The commissioner shall compile and publish information on the
dangers and hazards to public health and the environment of the use of
chromated copper arsenate pressure treated lumber. In addition, the
commissioner shall compile and publish a list of less toxic materials
which may be used as an alternative to the use of chromated copper
arsenate pressure treated lumber. The department shall also compile and
publish information on non-toxic methods and materials that are
available to adequately maintain playground structures and picnic tables
constructed with chromated copper arsenate pressure treated lumber in a
manner that minimizes chromated copper arsenate from leaching from such
structures and picnic tables. The department shall insure that the
information compiled and published pursuant to this subdivision is
widely disseminated to the general public.