An Act To Protect Public Health by Reducing Human Exposure to Arsenic
Maine Legislature, Session 121, LD 1309
Committee: Natural Resources
Sponsors: COWGER, BRENNAN, CURLEY, HUTTON, KANE, KOFFMAN, MOORE, SA VIELLO
Amends: 33 MRSA §173

Legislative Document 
No. 1309 
H.P.963 
House of Representati ves, March 11, 2003 
An Act To Protect Public Health by Reducing Human Exposure to 
Arsenic 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative COWGER of Hallowell. 
Cosponsored by Senator BRENNAN of Cumberland and 
'77l~ /J1.1JJtU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CURLEY of Scarborough, DUGA Y of Cherryfield, HUTTON of 
Bowdoinham, KANE of Saco, KOFFMAN of Bar Harbor, McKEE of Wayne, MOORE of 
Standish, SA VIELLO of Wilton. 
Printed on rl'~ydt'd paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRSA §I3065, sub-§3-A is enacted to read: 
3-A. 
Hazardous materials disclosure. 
The commission shall 
adopt rules regarding minimum standards of practice for hazardous 
materials disclosure to ensure consistency with the requirements 
of Title 33, 
section 173 
and Title 38, 
section 1683. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 33 MRSA §173, sub-§4, as enacted by PL 1999, c. 476, 
§l, is amended to read: 
4. 
Hazardous materials. 
The presence or prior removal of 
hazardous materials or elements on the residential real property, 
including, but not limited to: 
A. 
Asbestos; 
B. 
Lead-based paint for pre-1978 homes in accordance with 
federal regulations; 
C. 
Radon; aRe. 
D. 
Underground oil storage tanks as required under Title 
38, section 563, subsection 6; aRe. 
E. 
Arsenic in the water supply; and 
F. 
Arsenic-treated wood as required under Title 38, section 
1683; and 
Sec. 3. 38 MRSA c. 16-C is enacted to read: 
CHAPTER 16-C 
ARSENIC-TREATED WOOD PRODUCTS 
§1681. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Arsenic-treated 
wood. 
"Arsenic-treated 
wood" 
means 
lumber, timber, piles, poles, posts, plywood, shakes, shingles or 
other wood or forest products intended for outdoor use that have 
been pressure treated to reduce decay with a wood preservative 
containing 
inorganic 
arsenic 
or 
inorganic 
arsenic 
compounds, 
including, 
but 
not 
limited 
to, 
chromated 
copper 
arsenate, 
commonly referred to as CCA, or similar wood-preserving chemical 
mixtures. 
2. 
Outdoor 
structure. 
"Outdoor 
§!tructure" 
means 
a 
construction of 
wood 
located out,side 
on 
a 
J;1roJ;1erty, 
whether 
attached to or detached 
from 
a 
building, 
including, 
but not 
limited to, 
a 
J;11ay set, J;1icnic table, 
§!andbox, 
deck, railing, 
banister, set of steJ;1s, balcony, fence, J;1ost or dock. 
§1682. 
Restriction on sale 
1. 
Arsenic-treated 
wood. 
A 
person 
may 
not 
sell 
or 
distribute any arsenic-treated wood or J;1roduct manufactured with 
arsenic-treated wood exceJ;1t as J;1rovided in subsection 2. 
2. 
Exemptions. 
The J;1rohibi tion in subsection 1 does not, 
aJ;1J;1ly to arsenic-treated wood intended solely for uses in direct, 
continuous contact with saltwater or fresh water if such uses 
are in comJ;11iance with labels for chromat,ed cOJ;1per arsenate wood 
J;1reservatives 
apJ;1roved 
by 
the 
United 
State 
Environmental 
Protection Agency and the wood J;1roduct manufacturer, distributor 
or seller J;1rovides information to the J;1urchaser and handlers of 
the arsenic-treated wood 
o~recautions that should be 
taken 
during construction, use, maintenance and disJ;1osal to minimize 
human 
exposure 
to 
arsenic. 
Providing 
current 
information 
available 
from 
the 
DeJ;1artment 
of 
Human 
Services, 
Bureau 
of 
Health; 
Department of Environmental Protection; 
or the United 
States 
Environmental 
Protection 
Agency 
satisfies 
the 
informational requirements in this subsection. 
§1683. 
Providing notice 
Prior 
to 
the 
sale or 
transfer of 
any residential 
real 
J;1roJ;1erty 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 J;1urchaser or transferee disclosing the 
location of any outdoor structure, whether the outdoor structure 
was made with arsenic-treated wood or with J;1ressure-treated wood 
installed prior 
to January 
1, 
2004 
and whether 
the 
outdoor 
structure was coated with a sealant during the 180 day§! J;1receding 
the date of transfer. 
§1684. 
Restrictions on disposal 
1. 
Disposal b<;l,D. 
______ --Ll>.erson may not J;1rocess or disJ;1ose of 
arsenic-treated 
wood 
by 
burning it as 
a 
fuel 
or 
chiJ;1J;1ingL 
mulching 
or 
comJ;1osting it for 
any 
intended 
J;1urpose 
or 
by 
commingling 
it, 
with 
municiJ;1al 
solid 
waste 
exceJ;1t 
with 
an 
assurance that such waste will be disposed of directly in a lined 
landfill without J;1rior J;1rocessing J;1ursuant to subsection 2. 
2. 
Acceptable disposal. 
Arsenic-treated wood waste that is 
not otherwise classified as a hazardous waste by the department 
must be promptly disposed of without prior processing in a lined 
landfill licensed to the satisfaction of the department. 
The 
department 
may 
impose 
such 
solid 
waste 
facility 
licensing 
conditions 
it 
determines 
necessary 
for 
the 
protection 
of 
groundwater, 
air quality and human health from the handling, 
storage and disposal of arsenic-treated wood waste. 
Sec. 4. Report on reducing arsenic exposure and ensuring safe 
drinking water from private wells. 
Th~ Department of Human Services, 
Bureau of Health shall submit a report no later than October 1, 
2004 to the Joint Standing Committee on Health and Human Services 
after consultation with a diverse group of interested parties. 
The report must contain: 
1. 
An 
assessment 
of 
options 
with 
recommendations 
for 
further actions to minimize human exposure to inorganic arsenic 
from drinking water, treated wood and other preventable sources; 
and 
2. 
An 
assessment of the need for 
a 
comprehensive safe 
drinking water program for private wells to address arsenic and 
other contaminants of human health concern with recommendations 
to address identified needs. 
SUMMARY 
This bill requires disclosure of the presence of arsenic in 
the 
water 
supply 
and 
in 
outdoor 
structures 
made 
with 
arsenic-treated wood when residential real property is sold. 
The 
bill bans the sale or distribution of arsenic-treated wood except 
for salt water or fresh water uses. 
The bill restricts the 
disposal of arsenic-treated wood to a lined landfill, prohibiting 
its burning as a fuel or its chipping, mulching or composting. 
The Department of Hwnan Service, Bureau of Health is required to 
report by October 1, 
2004 on further actions to reduce human 
exposure to arsenic and on the need for a 
comprehensive safe 
drinking water program for private wells.