Section Env-Dw 902.13 - Protection of the Purity of Whittle Brook and Goffstown Reservoir and Their Watershed(a) The purpose of this section is to protect the purity of the water of Whittle Brook and Goffstown Reservoir, which constitute the principal drinking water supply for the Goffstown Village Precinct.(b) This section shall apply within the Whittle Brook watershed above the dam that is located at approximate latitude 42º 59' 47", longitude 71º 35' 44", in the town of Goffstown.(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 officer and the board of health of the town of Goffstown and their duly authorized agents, and the board of water commissioners of the Goffstown Village 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 brook and reservoir.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Whittle Brook and Goffstown Reservoir 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 animals or fowls are kept within 75 feet of the high water mark of said brook or reservoir or any inlet thereof or tributary thereto;(2) A person shall not run sink water, urine, or water that has been used for washing or cleansing materials, persons, or food, into said brook or reservoir 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 brook or reservoir 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, human wastes, kitchen waste, swill, or garbage into said brook or reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or reservoir or any inlet thereof or tributary thereto;(4) A person shall not deposit or allow to fall into said brook or reservoir or any inlet thereof or tributary thereto, or upon their banks so near as to be reachable by high water, any sawdust, shavings, apple pomace, or waste from mills or factories;(5) A person shall not bathe in said brook or reservoir;(6) A person shall not fish on said brook or reservoir;(7) A person shall not allow any of the structures or conditions described in (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water shall thereby be deemed by the department in accordance with Env-Dw 902.04 to be endangered;(8) A person shall not allow any matter, waste, or materials such as are described in (2), (3), and (4) above to be thrown, deposited, or allowed to remain upon the ice of the waters of said brook or reservoir or any inlet thereof or tributary thereto; and(9) A person shall not use a seaplane on said brook or reservoir.(h) The Goffstown 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 Whittle brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.13
(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