N.H. Admin. Code § Env-Ws 386.47

Current through Register No. 45, November 7, 2024

Section Env-Ws 386.47 - Protection of The Purity of The Water of Lake Massabesic and its Tributaries

(a) The purpose of this section is to protect the purity of the water of Lake Massabesic, which is the principal drinking water supply for the city of Manchester and portions of the towns of:

(1) Auburn;

(2) Bedford:

(3) Derry;

(4) Goffstown;

(5) Hooksett; and

(6) Londonderry.

(b) This section shall apply within the Lake Massabesic watershed which lies above the Massabesic dam, located at approximate latitude 42°57'48", longitude 71°23'43", in the following municipalities:

(1) Auburn;

(2) Candia;

(3) Chester;

(4) Hooksett; and

(5) Manchester.

(c) The following terms as used in this section shall be defined as follows:

(1) "Board of water commissioners" means the governing body of the Manchester water works;

(2) "Direct tributary" means that portion of any stream shown on the most current version of the U.S. Geological Survey 7 1/2' topographic maps that does not flow into or through a pond, lake, reservoir, or impoundment of 5 acres or more before reaching Lake Massabesic;

(3) "Motor vehicle" means "motor vehicle" as defined in RSA 259:60;

(4) "Off highway recreational vehicle (OHRV)" means "off highway recreational vehicle", as defined in RSA 215-A:1, VI.; and

(5) "Person" means an individual, corporation, company, association, society, firm, partnership , joint stock company , or other legal entity.

(d) 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.

(e) In accordance with the provisions of RSA 485:24, the health officers and the boards of health of the city of Manchester and the towns of Auburn, Candia, Chester, and Hooksett and their duly authorized agents, and the board of water commissioners and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(f) Under the provisions of RSA 485:24, II , the board of water commissioners and its representatives may enter at reasonable times any land or property within the Lake Massabesic watershed for the purpose of investigating watershed sanitation and other sources of potential water contamination.

(g) Where any provision of this section is in conflict with local ordinances, the more stringent provision shall apply.

(h) Waivers and exemptions to this section shall apply as follows:

(1) Any person may request from the department a waiver from the provisions of this section in accordance with Env-Ws 386.04; and

(2) Employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of Lake Massabesic, its tributaries, and its watershed shall be exempt from the provisions of this section.

(i) The Manchester Water Works shall post a summary of the information contained in (d), above and the prohibitions and restrictions contained in (l), (m), (o) through (q), (s), and (t), below in locations where persons might reasonably be expected to access Manchester Water Works' property, or Lake Massabesic or its tributaries. The posted summary may also contain any other prohibitions contained in this section and any prohibitions or restrictions enacted by local ordinance.

(j) Within 200 feet of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not build any privy, pigpen, stable, or other buildings or structure in which horses, cattle, swine or other animals or fowl are kept.

(k) Within 200 feet of Lake Massabesic or Tower Hill Pond, the following provisions shall apply:

(1) A person shall not build any privy, toilet, sink drain, or subsurface septic disposal system or allow any discharges therefrom, except as provided by (k)(2) below;

(2) Existing properly functioning septic systems may remain in place; and

(3) If failure of an existing septic system occurs, the owner shall repair or replace said system in accordance with Env-Ws 1003.10.

(l) With the exception of operating an outboard motor, on or within 200 feet of the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not:

(1) Deposit any dead animal or parts thereof, food or any article perishable or decayable, kitchen waste, swill, garbage, or human waste;

(2) Deposit any hazardous waste, as defined in Env-Wm 110.01(b)(56), such as solid, semi-solid, liquid or contained gaseous waste, or any combination of wastes which possess a threat to human health or the environment;

(3) Deposit solid waste such as refuse, appliances, auto parts, tires, tree stumps, or similar waste; or

(4) Deposit manure, fertilizer, or chemical waste such as gasoline, paint, or similar waste.

(m) On or within the water or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto the following prohibitions and restrictions shall apply:

(1) A person shall not bathe, wade, swim, water ski or perform any similar water contact activity;

(2) A person shall not use a sunfish, sailfish, sail board, ski craft as defined in RSA 270:73, V, or other craft which in the judgment of the board of water commissioners or its representatives makes extensive bodily contact with the water unavoidable;

(3) A person shall not discharge from or off a vessel, cruiser, boat, houseboat, wharf or from a structure of any kind or any tank or receptacle thereon or therein contained, any excrement, urine, or waste;

(4) All boats or structures of any kind that are equipped with toilet, lavatory, or other sewage or waste producing fixtures shall be provided with water-tight tanks or receptacles for the reception and temporary storage of such wastes;

(5) The aforementioned tanks or receptacles shall be maintained as required in RSA 487:2 and the contents thereof shall be disposed of in a municipal sewage system or to any adequate sewage disposal system on shore;

(6) A person shall not tie, beach, or ground an occupied vessel, cruiser, boat, houseboat, or structure of any kind to the water or ice, or tie to the shore for an overnight period or any part of an overnight period, except as permitted by Manchester Water Works pursuant to (t)(4) or (t)(5), below;

(7) An unoccupied vessel, cruiser, boat, houseboat, or structure of any kind may be anchored or grounded to said waters or ice only by permission of the board of water commissioners pursuant to (t)(4) or (t)(5), below or land owner, lessee, or person otherwise in control of such location;

(8) A person shall not cut or take ice therefrom except by permission and under the direction of the board of water commissioners as provided for in RSA 485:54; and

(9) A person shall not use any aircraft.

(n) In the Lake Massabesic watershed, the following prohibitions or restrictions shall apply:

(1) A person shall conduct all pesticide applications, as defined in RSA 430, in strict accordance with the rules of the New Hampshire pesticide control board;

(2) A person shall conduct all forestry or timber harvesting activities in strict accordance with state of New Hampshire laws including RSA 227-J and in consultation with the Manchester Water Works forester, and

(3) A person shall handle any agricultural compost, chemical fertilizer, or manure, as defined in RSA 431:33, in accordance with best management practices published by the New Hampshire department of agriculture, markets, and food in accordance with RSA 431:34.

(o) In or on Manchester Water Works' property or the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, the following prohibitions or restrictions shall apply:

(1) A person shall not operate an all terrain vehicle or other OHRV other than a snow traveling vehicle as defined in RSA 215-A:1, and then only in non-restricted areas at the operator's own risk; and

(2) A person shall not break bottles or throw trash of any description.

(p) The following areas shall be closed to all human activity:

(1) The Back or West Pond of Lake Massabesic north and west of the following described line: beginning at Fire Point, then due west to the Hillsborough-Rockingham county line, then southerly by the said line, crossing Birch Island to the mainland as marked by floats and signs; and

(2) The outlet of Lake Massabesic from the outlet dam downstream to and including Mill Pond at Island Pond Road and the canal carrying the water to the pumping station.

(q) On Manchester Water Works' property the following prohibitions and restrictions shall apply:

(1) A person shall not enter upon or remain between the hours of 8:00 p.m. and 8:00 a.m.;

(2) A person shall not place in or adjacent to Manchester Water Works' waste containers any garbage, refuse, or trash of any kind brought from home, camp, or place of business;

(3) A person shall only use self-contained charcoal type fires, as opposed to open flame fires and then only in the designated public picnic area adjacent to the Route 28 Bypass;

(4) Any vehicle obstructing an emergency access gate shall be subject to towing at owner's expense;

(5) A person shall not enter restricted areas that have been posted "NO TRESPASSING"; and

(6) A person shall obey in matters governed by this section, all lawful requests made by representatives of the board of water commissioners.

(r) Within 300 feet of the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not allow the following as they relate to new or modified construction other than repair or replacement in kind:

(1) Store liquid petroleum products, except for normal residential use and heating fuels for on-premise use;

(2) Store road salt or de-icing chemicals, except for incidental residential use;

(3) Service, wash, or repair boats or motor vehicles, except for emergency repairs;

(4) Operate a junk yard as defined in RSA 236:112, I or a machinery junk yard as defined in RSA 236:112, III;

(5) Render impervious more than 10 percent of any lot or 2500 square feet on any one lot, whichever is greater; or

(6) Allow or cause to be discharged to the surface or to groundwater any stormwater that has not been treated by permanent methods for protecting water quality described in the rules adopted to implement RSA 485-A:17.

(s) In or on property owned by Manchester Water Works or the water or ice of Lake Massabesic the following prohibitions or restrictions shall apply:

(1) A person shall not tent or camp or use overnight trailers, campers, or houseboats;

(2) The following provisions shall apply to dogs and other pets:

a. A person shall control by leash all such pets;

b. A person shall not leave such pets unattended;

c. A person shall not permit such pets in the water or on the beach; and

d. Pet owners shall be required to pick up and properly dispose of their pets' waste.

(3) A person shall not remove or damage or deface any structure, sign, plant, tree, or natural feature; and

(4) A person shall not feed ducks, geese, seagulls, or other waterfowl.

(t) In or on the water or ice of Lake Massabesic the following prohibitions or restrictions shall apply:

(1) A person shall not operate a motor vehicle other than a snow traveling vehicle;

(2) A person shall not race power boats or snow traveling vehicles;

(3) A person shall not operate any power boat or snow traveling vehicle at a rate of speed in excess of 35 miles per hour;

(4) A person shall not place moorings without a mooring permit issued by the Manchester Water Works;

(5) A person shall not place a dock in Lake Massabesic without a dock permit issued by the Manchester Water Works; and

(6) The following provisions shall apply to boats:

a. A person shall not allow a boat to remain moored after November 30^th of each year; and

b. Manchester Water Works may remove any boat moored after November 30^th of each year at the owner's expense.

N.H. Admin. Code § Env-Ws 386.47

#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #7508, eff 6-21-01; amd by #7590, EMERGENCY RULE, eff 11-8-01, EXPIRED: 5-7-02

New. #8500, eff 11-30-05