Section Env-Dw 902.16 - Protection of the Purity of Loon Lake and Its Watershed(a) The purpose of this section is to protect the purity of the water of Loon Lake, which is the principal drinking water supply for the town of Hillsborough.(b) This section shall apply within the Loon Lake watershed above the dam that is located at approximate latitude 43º 09' 07", longitude 71º 56' 39", in the town of Hillsborough.(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, the board of health, and the board of water commissioners of the town of Hillsborough 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 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 Loon Lake 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 structure in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of Loon Lake or any inlet thereto or tributary thereof;(2) A person shall not run any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food, into said lake 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 lake 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 lake or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the ground surface within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;(4) A person shall not bathe in Loon Lake within 1/4 mile of the point where water is taken for public supply, or elsewhere in said lake, provided notice to that effect is issued by the board of water commissioners or the board of health;(5) A person shall not deposit any sewage on the surface of the ground, allow any cesspool or privy vault to overflow, or allow any of the things, materials, or conditions mentioned in (1)-(4) above, nor anything else that might endanger the purity of said water supply, whatever may be their distance from said lake, in such locality or manner as in the opinion of the board of health or of the board of water commissioners, would be liable to contaminate the water of the said lake, in accordance with Env-Dw 902.04; and(6) A person shall not use a seaplane on Loon Lake.(h) The town of Hillsborough shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Loon Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.16
(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