Section Env-Dw 902.17 - Protection of the Purity of Bear Pond and Its Watershed(a) The purpose of this section is to protect the purity of the water of Bear Pond, which is the principal drinking water supply for the Contoocook Village Precinct in the town of Hopkinton.(b) This section shall apply within the Bear Pond watershed above the dam that is located at approximate latitude 43º 13' 52", longitude 71º 48' 02", in the town of Warner.(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 Warner and their duly authorized agents, and the board of water commissioners of the Contoocook 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 pond.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bear Pond watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowl are kept within 75 feet of Bear Pond or within 75 feet of any inlet thereof or tributary thereto;(2) A person shall not permit any wastes or water that has been used for washing or cleansing materials, persons, food, to run into said pond or any inlet thereof or tributary thereto;(3) A person shall not throw into or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes in said pond or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said pond or any inlet thereof or tributary thereto;(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond or any inlet thereof or tributary thereto;(5) A person shall not trespass, bathe, boat, fish, or conduct any activity whatever, whether of a recreational, occupational, or other nature, in or on the water of Bear Pond or any inlet thereof or tributary thereto;(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond or of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and(7) A person shall not use a seaplane on Bear Pond.(h) The Contoocook 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 Bear Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.17
(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