Section Env-Dw 902.11 - Protection of the Purity of Whitewater Brook, Rice Reservoir and Dole Reservoir and Their Watersheds(a) The purpose of this section is to protect the purity of the water of Whitewater Brook and reservoir, Rice Reservoir and watershed, and Dole Reservoir and watershed, which are principal drinking water supplies for the city of Claremont.(b) This section shall apply within: (1) The Whitewater Brook watershed above the Whitewater dam, which is located at approximate latitude 43º 25' 24", longitude 72º 18' 42", in the city of Claremont and towns of Cornish and Croydon;(2) The Rice Reservoir watershed above the Rice dam, which is located at approximate latitude 43º 25' 08", longitude 72º 19' 42", in the city of Claremont; and(3) The Dole Reservoir watershed above the Dole dam, which is located at approximate latitude 43º 23' 21", longitude 72º 19' 56", in the city of Claremont.(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 city of Claremont and the towns of Cornish and Croydon and their duly authorized agents, and the board of water commissioners of the city of Claremont 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 brook and reservoirs.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Whitewater Brook, Rice Reservoir, and Dole Reservoir watersheds described in (b) above shall be as follows:(1) A person shall not build, continue, or maintain a structure of any kind in which animals or fowl are kept within 75 feet of said brook or reservoirs or any inlet thereof or tributary thereto;(2) A person shall not allow wastes or waters that have been used for washing or cleansing materials, persons, or food to run into said brook or reservoirs or any inlet thereof or tributary thereto;(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said brook or reservoirs or into any inlet thereof or tributary thereto, or leave or allow such materials to remain on the surface of the ground within 75 feet of said brook or reservoirs or any inlet thereof or tributary thereto;(4) A person shall not throw any sawdust or allow any sawdust to fall into said brook or reservoirs or any inlet thereof 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 Whitewater Brook Reservoir and Intake Reservoir located on Whitewater Brook; and(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or reservoirs or any inlet thereof or tributary thereto, any matter, waste or materials such as are described in (2), (3), and (4) above.(h) The city of Claremont shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Whitewater Brook, Rice Reservoir, or Dole Reservoir or their watersheds or tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.11
(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