§1682.__Restriction on sale

The following restrictions apply to the sale of arsenic- treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003.

1.__Purchase of arsenic-treated wood by retail business.__ Retail businesses that sell wood for residential use may not purchase arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003.

2.__Sale of arsenic-treated wood.__Beginning April 1, 2004, a person may not sell or offer for sale arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003.__This prohibition does not apply to structures already built containing arsenic-treated wood that are included as part of a residential real estate transaction.

§1683.__Statute not admissible in evidence

This chapter may not be admitted in evidence or offered as an exhibit for any purpose in any civil trial against any wholesaler, retailer or installer of arsenic-treated wood.__This section does not apply in cases of enforcement actions brought by the State.

Sec. 3. Disposal plan. By January 1, 2005, the Department of Environmental Protection shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a plan for the safe management of arsenic- treated wood waste. The plan must be developed in consultation with interested parties. The plan must include, but is not limited to, recommendations regarding:

1. The separation and segregation of arsenic-treated wood at solid waste handling facilities;