Section Env-Ws 386.10 - Protection of the Purity of Bradley Lake and Its Watershed(a) The purpose of this section is to protect the purity of the water of Bradley Lake, which is the principal public drinking water supply for the town of Andover.(b) This section shall apply within the Bradley Lake watershed above the lake outlet which is located at approximate latitude 43°25' 00", longitude 71°49'22", in the towns of: (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 the provisions of RSA 485:24, the health officers and the boards of health of the towns of Andover and Salisbury and their duly authorized agents, and the board of water commissioners of the Andover 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 more stringent provision shall apply.(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Ws 386.04. 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 Bradley Lake watershed described in (b), above, shall be as follows: (1) A person shall not build, continue or maintain a privy, pig-pen, stable, or other buildings or structure in which horses, cattle, swine or other animals or fowls are kept within 75 feet of Bradley Lake or within 75 feet of any inlet or tributary thereto;(2) A person shall not permit urine, sink water, or water that has been used for washing or cleansing materials, persons or food, to run into said lake, or into any inlet thereof, or into any cesspool, septic tank or other excavation or onto the surface of any ground within 75 feet of said lake, meaning the high water mark;(3) A person shall not deposit or throw a dead animal, or fish, or parts thereof, kitchen waste, garbage or refuse of any kind, nor manure of either human or animal origin, into said lake, nor shall they leave or permit such materials to remain within 75 feet thereof;(4) A person shall not permit the activities or conditions described in (1), (2) and (3) above within the watershed area tributary to Bradley Lake even though beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed by the department to be endangered in accordance with the criteria in Env-Ws 386.03;(5) A person shall not permit sawdust to be thrown or allowed to fall into said lake or into any inlet thereto;(6) A person shall not permit any domestic animals to enter said lake;(7) A person shall not swim or bathe, nor shall a person fish in the waters of said lake south of a line drawn from a point on the easterly shore approximately 1700 feet north of the present water supply intake to the point on the westerly shore located by describing an angle of 90º from the true north direction; and(8) A person shall not use seaplanes on said lake.(h) The Andover 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 Bradley Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.10
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05