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commonly referred to as CCA, or similar wood-preserving chemical | | mixtures. |
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| | | 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. |
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| | | §1682.__Restriction on sale |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | §1684.__Restrictions on disposal |
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| | | 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. |
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