Section Env-Dw 902.33 - Protection of the Purity of the Water of Canobie Lake and Its Watershed(a) The purpose of this section is to protect the purity of the water of Canobie Lake, which is the principal drinking water supply for the town of Salem.(b) This section shall apply within the Canobie Lake watershed above the dam that is located at approximate latitude 42º 47' 30", longitude 71º 15' 04", 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 Salem and Windham and their duly authorized agents, and the board of water commissioners of the town of Salem 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 lake.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions that apply in the Canobie Lake 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 livestock or fowl are kept within 75 feet of the high water mark of Canobie Lake or any inlet thereof;(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 lake or any inlet thereof, 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 lake or any inlet thereof;(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 lake or any inlet thereof, or leave or allow any such materials to remain within 75 feet of the high water mark of said lake or any inlet thereof;(4) A person shall not bathe or swim or engage in other body-contact activities in said lake;(5) Any boat used upon said lake shall comply with RSA 487:1 through RSA 487:3 with respect to the discharge of sewage or gray water;(6) A person shall not throw or deposit or allow to remain upon the ice of the waters of said lake or any inlet thereof, any matter, waste, or materials such as are described in (2) and (3) above; and(7) A person shall not use a seaplane on said lake.(h) The town of Salem shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Canobie Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.33
(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