Section Env-Dw 902.07 - Protection of the Purity of Bradley Lake and Its Watershed(a) The purpose of this section is to protect the purity of the water of Bradley Lake, which is the principal public drinking water supply for the town of Andover.(b) This section shall apply within the Bradley Lake watershed above the lake outlet that is located at approximate latitude 43º 25' 00", longitude 71º 49' 22", 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 Andover and Salisbury and their duly authorized agents, and the board of water commissioners of the Andover Precinct 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 that apply in the Bradley Lake watershed described in (b) above, shall be as follows: (1) A person shall not build, continue or maintain a privy, pig-pen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of Bradley Lake or within 75 feet of any inlet thereof or tributary thereto;(2) A person shall not permit urine, sink water, 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 cesspool, septic tank, or other excavation or onto 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 deposit or throw a dead animal or fish or parts thereof, kitchen waste, garbage, or refuse of any kind, manure, or human wastes into said lake or any inlet thereof, nor shall a person leave or allow such materials to remain within 75 feet of said lake or any inlet thereof;(4) A person shall not permit the activities or conditions described in (1), (2), and (3) above, within the watershed area tributary to Bradley Lake even though beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed by the department to be endangered in accordance with the criteria in Env-Dw 902.04;(5) A person shall not permit sawdust to be thrown or allowed to fall into said lake or into any inlet thereof;(6) A person shall not swim or bathe, nor shall a person permit any domestic animals to enter in the waters of said lake south of a line drawn from a point on the easterly shore located at latitude 43º 24' 56.4", longitude 71º49' 33.6" to a point on the island located at latitude 43º 24' 55.8", longitude 71º 49' 36.8" to the point on the westerly shore located at latitude 43º 24' 54.8", longitude 71º 49' 38.9", said line being located where power lines cross the lake as of the 2014 effective date of this section; and(7) A person shall not use seaplanes on said lake.(h) The Andover 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 Bradley Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.07
(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