N.Y. Environmental Conservation Law § 37-0109: Chromated copper arsenate pressure treated lumber; public facilities

§ 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.