(A) Unsafe storage of arsenic treated wood prohibited.
(1) A person or entity that sells wood treated with Chromate Copper Arsenate (CCA), Ammoniacal Copper Arsenate (ACA), or Ammoniacal Copper Zinc Arsenate (ACZA) shall not store any such treated wood outdoors or in any area where it would be exposed to rain and the potential for run-off from water in contact with the treated wood could potentially reach streams, creeks, rivers, or other water collection areas.
(2) A person or entity may not use wood treated with CCA, ACA, or ACZA in outdoor commercial displays or outdoor merchandise shelving or bins.
(3) A person or entity that sells wood treated with CCA, ACA, or ACZA must comply with all notice requirements of the EPA.
(B) Notice to owner to correct violation. The Deputy City Administrator shall give written notice to the owner or operator of property on which a violation of this section exists. The owner or operator shall have 12 hours to correct the violation.
(C) Emergency abatement. Nothing in this section shall be construed to preclude or restrict the city from taking emergency action to abate a condition or circumstance that poses an immediate danger to the public health, safety or welfare.
(D) Violation. A violation under this section is a Class C misdemeanor punishable by a fine not to exceed $500.
(Ord. 030902, passed 9-2-2003)