Section Env-Dw 902.34 - Protection of the Purity of Lake Sunapee and Its Watershed(a) The purpose of this section is to protect the purity of the water of Lake Sunapee, which is the principal drinking water supply for the town of Sunapee.(b) This section shall apply within the Lake Sunapee watershed above the dam that is located at approximate latitude 43º 23' 08", longitude 72º 04' 53", 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 Newbury, New London, and Sunapee and their duly authorized agents, and the board of water commissioners of the town of Sunapee 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 Lake Sunapee 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 structures in which horses, cattle, swine, or other livestock or fowls are kept within 75 feet of the high water mark of Lake Sunapee or 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 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 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;(3) With the exception of using such materials as bait for fishing, 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 wastes to remain within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said lake or any inlet thereof or tributary thereto;(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, deposit or allow to remain upon or in the ice or the waters of said lake or any inlet thereof or tributary thereto, any waste or pollutants; and(7) A person shall not use a seaplane in Sunapee Harbor north and west of a line from Russell Point bearing south 45 degrees west to the opposite shore.(h) The town of Sunapee shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Lake Sunapee and/or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.34
(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