N.H. Code Admin. R. Env-Dw 902.26

Current through Register No. 25, June 20, 2024
Section Env-Dw 902.26 - Protection of the Purity of Mountain Pond, Gordon Hill Reservoir and Their Watershed
(a) The purpose of this section is to protect the purity of the water of Gordon Hill Reservoir, which is the principal drinking water supply source for the New Hampton Village Precinct.
(b) This section shall apply within the Mountain Pond/Gordon Hill Reservoir watershed above the dam that is located at approximate latitude 43º 35' 55", longitude 71º 38' 21", in the towns of:
(1) Meredith;
(2) New Hampton; and
(3) Sanbornton.
(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 board of water commissioners of New Hampton Village Precinct and its duly authorized agents, and the health officers and the boards of health of the towns of New Hampton, Meredith and Sanbornton 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 New Hampton Village Precinct engaged in the performance of necessary duties for the protection and control of Mountain Pond or Gordon Hill Reservoir.
(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Mountain Pond and Gordon Hill Reservoir watershed described in (b) above, shall be as follows:
(1) A person shall not build, continue, or maintain any building or structure in which animals or fowl are kept within 75 feet of Mountain Pond, Gordon Hill Reservoir, or the connecting brook between said pond and reservoir, or within 75 feet of any inlet thereof or tributary thereto;
(2) A person shall not allow any wastes or waters that have been used for washing or cleaning materials, persons or food to run into said pond 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, or human waste into said pond or reservoir or any inlet thereof or tributary thereto, or leave or allow any such material to remain on the surface of the ground within 75 feet of said pond or reservoir 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 reservoir 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 Mountain Pond, Gordon Hill reservoir and the connecting brook between said pond and reservoir; and
(6) A person shall not throw, deposit, or allow to remain upon the ice of said pond or reservoir or upon the ice of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above.
(h) The New Hampton 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 Mountain Pond or Gordon Hill Reservoir or their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

N.H. Code Admin. R. Env-Dw 902.26

(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