Summer will be here shortly and that means spending more time outdoors. On our decks, or maybe our docks, and in our playgrounds. All of these outdoor venues need to be protected from the elements so they do not rot. Usually, arsenic containing pressure treated wood is used for this purpose. Last year, some people started to question aloud whether there were safety problems relating to the routine contact with arsenic treated wood. Again, there are no easy answers. You need to decide your personal comfort level .

It is true: wooden decks and other items contain fairly high levels of arsenic, which is used to kill insects. A study by the University of Florida concluded that this arsenic does not remain confined to the wood. Rather is "leaches" out of the wood and often finds itself in the soil beneath the structure. And groundwater may be affected as well. Many of us get our drinking water from the ground.

Leaching is a common environmental problem. Rainwater and natural forces often result in bad substances dripping out of structures into the environment. For example, may landfills contain toxic substances such as discarded paint and solvents. When it rains, the rainwater travels through the landfill, picks up the bad substances, and drips into the ground and groundwater below. The same thing appears to happen to arsenic that is embedded in pressure treated wood.

In the decks, the docks, the patio furniture, the outdoor ramps, the playground wood, this arsenic probably does not represent a threat. But, when the arsenic is released into the environment because of leaching, some believe that it may pose a problem.

Last year, some school board officials decided to tear down a wooden playground structure because high levels of arsenic were found in the soil. Late last year, researchers tested soil under decks, boardwalks and other structures made with CCA treated wood. They found the average level of arsenic in the soil samples was significantly higher than what many states consider to be safe.

According to the Virginia-based American Wood Preservers Institute, the pesticide is used to treat 98 percent of all lumber and accounts for 70 percent of all treated wood. But, in all fairness, you should also know that arsenic is naturally occurring and can be found at high levels absent human introduction.

Everyone knows that kids eat dirt. That is what toxicologist always say, although I really do not know any kids that eat dirt. My kids have never eaten dirt -at least to my knowledge. So, if a playground, for example, has really high levels of arsenic that have leached from a dock of playground set, and your kid eats that dirt, you could have a problem. But, is that scenario really likely? You decide. In Minnesota, the officials did not think it was a real threat.

On January 26, 2000, the Minnesota State Listed Metals Advisory Council considered whether it should urge that the arsenic containing preservative be banned for sale in that state. After four days of testimony and review of 52 reports that were submitted, the Council concluded that a ban should not be suggested.

However, the Council was concerned about the improper disposal of this wood after it has been discarded. The Council appears to believe that disposal problems are leading to a possible release of arsenic into the environment and that safer methods of disposal need to be found. The American Wood Preservers Institute has pledged support to identify safer disposal methods. If you are concerned, or simply want to reduce the amount of arsenic that is being released into the environment, there are competing plastic composite materials that are now being sold. It appears that they might be a good alternative. You should evaluate these materials yourself and determine if you believe they are acceptable alternatives for your particular application.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.