Section Env-Dw 902.28 - Protection of the Purity of the Water of Gilman Pond and Its Watershed in the Town of Unity(a) The purpose of this section is to protect the purity of the water of Gilman Pond, which is the principal drinking water supply for the town of Newport.(b) This section shall apply within the Gilman Pond watershed above the dam that is located at approximate latitude 43º 17' 39", longitude 72º 12' 03", in the town of Unity.(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 towns of Unity and Newport and their duly authorized agents, and the board of water commissioners of the town of Newport 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 and restrictions that apply in the Gilman Pond watershed described in (b) above, shall be as follows: (1) A person shall not build or maintain any privy, pig pen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowl are kept within 200 feet of the high water mark of Gilman Pond or any inlet thereof;(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into Gilman Pond or any inlet thereof, or into any excavation or cesspool in the ground or on the surface of any ground within 200 feet of the high water mark of Gilman Pond or of any inlet thereof;(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 Gilman Pond or any inlet thereof, or leave or allow any such materials to remain within 200 feet of the high water mark of Gilman Pond or any inlet thereof;(4) A person shall not throw, deposit, or allow to remain upon the ice of the waters of Gilman Pond, or any inlet thereof, any matter, waste, or materials such as described in (2) or (3) above;(5) A person shall not drive, ride, or race any cattle, horses, or other animals used for teaming, riding, or racing on the ice of Gilman Pond;(6) A person shall not build or maintain any privy, toilet, sink drain, or subsurface septic disposal system or discharges therefrom within 200 feet of Gilman Pond or any inlet thereof. Existing properly functioning septic systems within 200 feet of the shoreline may, at the owners' discretion, remain in place. If failure occurs, the repair or replacement shall be carried out in accordance with Env-Wq 1003.10 with adherence to the 200 foot setback in this subparagraph;(7) A person shall not place or leave any hazardous waste as defined in RSA 147-A, VII or Env-Hw 100 through Env-Hw 1100, or any combination of wastes which pose a threat to human health or the environment, in, on or near the waters or ice of Gilman Pond or any inlet thereof or tributary thereto;(8) A person shall not place or leave any solid waste, as defined in RSA 149-M:4, XXII, including but not limited to refuse, appliances, auto parts, tires, and tree stumps, in, on, or near the water or ice of Gilman Pond or any inlet thereof or tributary thereto;(9) A person shall not place any chemical waste, such as gasoline, paint, fertilizers, or similar waste, into, on or upon the water or ice, or within 200 feet of Gilman Pond or any inlet thereof or tributary thereto;(10) A person shall conduct all pesticide applications made on that land area which contributes surface water runoff either directly into Gilman Pond or indirectly by running into any stream tributary thereof, in strict accordance with the rules of the New Hampshire pesticide control board adopted pursuant to RSA 430;(11) A person shall perform all forestry or timber harvesting activities conducted in the Gilman Pond watershed, in strict accordance with state of New Hampshire laws including RSA 227-J, and in consultation with the town of Newport;(12) A person shall not bathe, wade, swim, water-ski, or perform any other water contact activity in Gilman Pond or any inlet thereof or tributary thereto;(13) A person shall not discharge off or from a vessel, cruiser, boat, houseboat, or wharf, or from a structure of any kind whether on the water or on the ice, or from any tank or receptacle thereon or therein contained, any excrement or urine, nor shall a person leave any such waste in, on, or near the waters or ice of Gilman Pond or any inlet thereof or tributary thereto;(14) A person shall not tie, beach, or ground any occupied vessel, cruiser, boat, houseboat, or structure of any kind to the water, ice, or shore of Gilman Pond or any inlet thereof or tributary thereto for an overnight period;(15) A person, firm, or corporation shall not cut or take ice from Gilman Pond or any inlet thereof or tributary thereto;(16) A person shall not use or operate any off-highway recreational vehicle (OHRV), as defined in RSA 215-A:1, VI, on the water or ice of Gilman Pond or any inlet thereof or tributary thereto, or on any land around Gilman Pond, without the express written permission of the board of selectmen of the town where entrance or exit is to be made;(17) A person shall not use any aircraft on the waters or ice of Gilman Pond or any inlet thereof or tributary thereto; and(18) A person shall not boat or fish in Gilman Pond or any inlet thereof or tributary thereto.(h) The town of Newport shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Gilman Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.28
(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