Section Env-Dw 902.09 - Protection of the Purity of the Upper Ammonoosuc River Godfrey Dam and Its Watershed(a) The purpose of this section is to protect the purity of the water of the Upper Ammonoosuc River, which is a principal drinking water supply for the city of Berlin.(b) This section shall apply within the Ammonoosuc River watershed above the Godfrey Dam, which is located at approximate latitude 44º 29' 03", longitude 71º 19' 14", in the: (2) Town of Kilkenney; and(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.(d) In accordance with RSA 485:24, the health officers and the boards of health of the city of Berlin and the towns of Kilkenney and Randolph and their duly authorized agents, and the board of water commissioners of the city of Berlin and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of the Godfrey Dam impoundment.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Godfrey Dam watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain a privy, pig-pen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;(2) A person shall not allow sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said reservoir or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;(4) A person shall not deposit or allow sawdust, shavings, apple pomace, or waste from mills or factories to fall into said reservoir or into any inlet thereof or tributary thereto, or upon their banks so near as to be reachable by high water;(5) A person shall not bathe in said reservoir;(6) A person shall not allow structures or conditions described in (1), (2), (3) and (4) above, beyond the minimum limit of 75 feet, if the purity thereby of the water shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered;(7) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoir or any inlet thereof or tributary thereto, any waste or materials such as described in (2), (3) and (4) above; and(8) A person shall not use seaplanes on said reservoir.(h) The city of Berlin shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access the upper Ammonoosuc River or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.09
(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13286, Effective 10/26/2021, Expires 10/26/2031