Section Env-Dw 902.25 - Protection of the Purity of Pennichuck Brook and Its Watershed(a) The purpose of this section is to protect the purity of the water of the Pennichuck Brook pond system, which is the principal drinking water supply source for the city of Nashua and an important water supply source for other municipalities in the region receiving water from the Pennichuck Water Works system.(b) This section shall apply within the Pennichuck Brook watershed above the Supply Pond dam, which is located at approximate latitude 42º 47' 30", longitude 71º 28' 29", in: (3) The town of Merrimack;(4) The town of Milford; 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 Nashua and the towns of Amherst, Hollis, Merrimack, and Milford 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 Pennichuck Water Works engaged in the performance of necessary duties for the protection and control of said stream and ponds.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Pennichuck Brook watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of any of the above-named waters, or within 75 feet of any inlet thereof or tributary thereto;(2) A person shall not allow any sink-water, urine, or water that has been used for washing or cleansing materials, persons or food to run into said ponds or brooks or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or onto the surface of any ground within 75 feet of the high water mark of said pond or brook 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 ponds or brook 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 ponds or brook or any inlet thereof or tributary thereto;(4) A person shall not construct any of the structures or carry any of the conditions described in (1), (2), or (3) above, even though beyond the minimum of 75 feet, if the purity of the water thereby is endangered as determined by the department in accordance with Env-Dw 902.04;(5) A person shall not throw any sawdust or other waste from the cutting of timber, or allow any such waste to fall into, said ponds or brook or any inlet thereof or tributary thereto;(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said ponds or brook or any inlet thereof or tributary thereto, any matter, waste or materials such as are described in (2), (3), and (5) above; and(7) A person shall not bathe or swim in said ponds or brook.(h) Pennichuck Water Works shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Pennichuck Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.25
(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