Section 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.