Section Env-Dw 902.14 - Protection of the Purity of Tobey Reservoir and Its Watershed(a) The purpose of this section is to protect the purity of the water of the Tobey Reservoir, which is the principal drinking water supply for the town of Greenville.(b) This section shall apply within the Tobey Reservoir watershed above the dam located at approximate latitude 42º 48' 08", longitude 71º 50' 13", in the towns of: (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 towns of New Ipswich and Temple and their duly authorized agents, and the board of water commissioners of the town of Greenville 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 said reservoir nor shall said restrictions apply to employees of New Hampshire's fish and game department engaged in the removal of stock fish from the reservoir under conditions approved by that agency.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Tobey Reservoir watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain any structure of any kind in which animals or fowls are kept within 75 feet of Tobey Reservoir or any inlet thereof or tributary thereto, except in such cases as the local board of health may allow and upon the approval of the department in accordance with Env-Dw 902.05, and under such rules as it may require;(2) A person shall not discharge sewage or other waste as defined in RSA 485-A:2, X, treated or otherwise, into said reservoir or any inlet thereof or tributary thereto;(3) A person shall not throw or deposit dead animals or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said reservoir or any inlet thereof or tributary thereto;(4) A person shall be prohibited from all activity, including swimming, bathing, and boating, whether of recreational, occupational, or other nature, in or on the waters of said reservoir and its tributaries;(5) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoir or upon the ice of any inlet thereof or tributary thereto, any sewage or other waste as defined in RSA 485-A:2; and(6) A person shall not use a seaplane on any portion of the said reservoir.(h) The town of Greenville 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 Tobey Reservoir or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.14
(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