N.H. Admin. Code § Env-Ws 386.52

Current through Register No. 45, November 7, 2024
Section Env-Ws 386.52 - Protection of the Purity of Mountain Pond, Gordon Hill Reservoir and Their Watershed
(a) The purpose of this section is to protect the purity of the water of Gordon Hill Reservoir which is the principal drinking water supply source for the New Hampton Village Precinct.
(b) This section shall apply within the Mountain Pond/Gordon Hill Reservoir watershed above the dam which is located at approximate latitude 43°35' 55", longitude 71°38'21", in the towns of:
(1) Meredith;
(2) New Hampton; and
(3) Sanbornton.
(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 the provisions of RSA 485:24, the board of water commissioners of New Hampton Village Precinct and its duly authorized agents, and the health officers and the boards of health of the towns of New Hampton, Meredith and Sanbornton 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 more stringent provision shall apply.
(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not apply to employees of the New Hampton Village Precinct engaged in the performance of necessary duties for the protection and control of Mountain Pond or Gordon Hill Reservoir.
(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Mountain Pond and Gordon Hill Reservoir watershed described in (b), above, shall be as follows:
(1) A person shall not build, continue or maintain any building or structure in which animals or fowl are kept, within 75 feet of Mountain Pond, Gordon Hill Reservoir and the connecting brook between said pond and reservoir or within 75 feet of any tributary thereto;
(2) A person shall not allow any wastes or waters that have been used for washing or cleaning either materials, persons or food to run into said pond or reservoir or any inlet or tributary thereof;
(3) A person shall not throw or deposit any dead animal, fish, food, or parts thereof or any article perishable or decayable and no excreta, either human or animal, into said pond or reservoir, or leave or permit any such waste to remain on the surface of the ground within 75 feet thereof or into any inlet or tributary thereto or on the ground surface within 75 feet of any inlet or tributary;
(4) A person shall not throw any sawdust or allow any sawdust to fall into said pond or reservoir or into any inlet or tributary thereto;
(5) A person shall not trespass, boat, bathe, swim, fish or carry on any activity whatever whether of recreational, occupational or other nature, in the waters or on the ice of Mountain Pond, Gordon Hillreservoir and the connecting brook between said pond and reservoir; and
(6) A person shall not throw, deposit or allow to remain upon the ice of said pond or reservoir or upon the ice of any inlet or stream tributary thereto, any matter, waste or materials such as are described in (2), (3), and (4) above.
(h) The New Hampton Village Precinct shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Mountain Pond or Gordon Hill Reservoir or their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

N.H. Admin. Code § Env-Ws 386.52

#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05