Section Env-Dw 902.12 - Protection of the Purity of Penacook Pond and Its Watershed(a) The purpose of this section is to protect the purity of the water of Penacook Lake which is a principal drinking water supply for the city of Concord.(b) This section shall apply within the Penacook Lake watershed above the outlet dam that is at approximately latitude 43º 14' 36", longitude 71º 34' 41", in the city of Concord.(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 officer, the board of health, and the board of water commissioners of the city of Concord and their 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 city of Concord or board of water commissioners engaged in the performance of necessary duties for the protection and control of said lake.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Penacook Pond watershed described in (b) above shall be as follows: (1) A person shall not build, continue, or maintain any cesspool, privy, or other place for the reception, deposit, or storage of human excrement, any urinal or water-closet not discharging into a sewer, any pig-pen, stable, or other building or structure in which horses, cattle, swine, other animals, or fowls are kept within 200 feet of the high water mark of Penacook Lake, meaning to include that part of the lake sometimes called Forge Pond, or any inlet thereof or tributary thereto except upon the approval of the department in accordance with Env-Dw 902.05;(2) A person shall not locate, construct, build, or maintain any stable, building, or other place as above enumerated within 200 feet of the high water mark of Penacook Lake or any open water flowing as aforesaid into said lake unless suitable or adequate provisions is made to prevent manure or other polluting matter from flowing or being washed into said lake or such open water;(3) A person shall not run sink drainage, urine, or water that has been used for washing or cleansing persons or materials into said lake or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 200 feet of any tributary thereto;(4) 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 lake or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 200 feet of the high water mark of said lake or any inlet thereof or tributary thereto;(5) A person shall not allow any human excrement to be kept in, deposited, or discharged into any cesspool, privy, or other receptacle situated within 200 feet of the high water mark of said lake or any open waters which flow directly or ultimately into said lake;(6) A person shall not throw sawdust, or allow sawdust to fall into said lake or any inlet thereof or tributary thereto;(7) A person shall not bathe or swim in said lake, nor shall any person build, continue, or maintain any swimming pool, or other contrivance of any nature for public or private bathing whose waters do not discharge into a sewer or cesspool constructed as approved or required by the board of health of the city of Concord, within 200 feet of the high water mark of said lake;(8) A person shall not throw, or allow to remain upon the ice of the water of said lake or any inlet thereof or tributary thereto, any matter, waste, or materials described in (3), (4), (5), and (6) above;(9) A person shall not drive, guide, or speed any cattle, horses, or other animals used for teaming, driving, or speeding upon the ice of said lake;(10) A person shall not construct or maintain a system of sewers or other works for the collection, conveyance, disposal, or purification of sewage or drainage, or any other putrescible matter whatsoever, except in accordance with plans first approved in writing by the department pursuant to RSA 485-A, at any place within the drainage area of said lake. A person shall not construct or maintain any private or separate sewer having an outlet upon or into the ground within 200 feet of the high water mark of any reservoir, lake, pond, stream, ditch, watercourse, or other open waters, the water of which flows or drains into said lake;(11) A person shall not locate or construct a public or private hospital, or other place intended for the reception or treatment of the sick, at any place within the drainage area of said lake, until the location or construction thereof has been approved in writing by the department in accordance with Env-Dw 902.05;(12) A person shall not permit any sewage, garbage, manure, or putrescent matter, whatsoever, in any place or locality from which the seepage, drainage, or runoff may endanger the purity of the water of the said lake or its tributaries; and(13) A person shall not permit the condition or practice of whatever kind that may endanger the purity of the waters of said lake or its tributaries.(h) The city of Concord shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Penacook Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.12
(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