Section Env-Ws 386.21 - Protection of the Purity of Penacook Pond and Its Watershed(a) The purpose of this section is to protect the purity of the water of Penacook Pond which is a principal drinking water supply for the city of Concord.(b) This section shall apply within the Penacook Pond watershed above the outlet dam which is at approximately latitude 43°14'36", longitude 71°34'41", in the city of Concord.(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 officer, the board of health, and the board of water commissioners of the city of Concord 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 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 city of Concord or 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 Penacook Pond watershed described in (b), above shall be as follows: (1) A person shall not build, continue or maintain any cesspool, privy, or other place for the reception, deposit or storage of human excrement, any urinal or water-closet not discharging into a sewer, any pig-pen, stable, or other building or structure in which horses, cattle, swine, other animals, or fowls are kept, within 200 feet of the high water mark of Penacook Pond, meaning to include that part of the same sometimes called Forge Pond, or stream, or tributary to said lake, bays, coves, or inlets except upon the approval of the department in accordance with Env-Ws 386.04;(2) A person shall not locate, construct, build or maintain any stable, building or other place as above enumerated, within 200 feet of the high water mark of Penacook Pond, or within 200 feet of any open water flowing as aforesaid into said pond unless suitable or adequate provisions is made to prevent manure or other polluting matter from flowing or being washed into said pond or such open water;(3) A person shall not run sink drainage, urine, or water that has been used for washing or cleansing either persons or materials into said pond, or into any bay, cove, or inlet thereof, or into any stream tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 200 feet of any stream tributary thereto;(4) A person shall not throw or deposit any dead animal, or fish or parts thereof or food, or any article perishable or decayable or any excrement, either human or animal, kitchen waste, swill, or garbage, into said pond or leave or permit any of the above wastes to remain, within 200 feet of the high water mark thereof, or into any bay, cove, or inlet of said lake, or into any stream tributary thereto, or within 200 feet of such bay, inlet or stream;(5) A person shall not allow any human excrement to be kept in, or deposited or discharged into any cesspool, privy or other receptacle situated within 200 feet of the high water mark of said pond, or within 200 feet of any open waters which flow directly or ultimately into said pond;(6) A person shall not throw sawdust, or allow sawdust to fall into said pond or into any stream tributary thereto;(7) A person shall not bathe or swim in said pond, nor shall any person build, continue or maintain any swimming pool, or other contrivance of any nature for public or private bathing whose waters do not discharge into a sewer or cesspool constructed as approved or required by the board of health of the city of Concord, within 200 feet of the high water mark of said pond;(8) A person shall not throw, or allow to remain upon the ice of the water of said pond, or upon that of any bay, cove, or inlet thereof, or of any stream tributary thereto, any matter, waste or materials described in (3), (4), (5) and 6 above;(9) A person shall not drive, guide or speed any cattle, horses, or other animals used for teaming, driving, or speeding, upon the ice of said pond;(10) A person shall not construct or maintain a system of sewers or other works for the collection, conveyance, disposal, or purification of sewage or drainage, or any other putrescible matter whatsoever, except in accordance with plans first approved in writing by the department pursuant to RSA 485-A, at any place within the drainage area of said pond. A person shall not construct or maintain any private or separate sewer having an outlet upon or into the ground within 200 feet of the high water mark of any reservoir, lake, pond, stream, ditch, watercourse or other open waters, the water of which flows or drains into said pond;(11) A person shall not locate or construct a public or private hospital, or other place intended for the reception or treatment of the sick, at any place within the drainage area of said pond, until the location or construction thereof has been approved in writing by the department in accordance with Env-Ws 386.04;(12) A person shall not permit any sewage, garbage, manure, or putrescent matter, whatsoever, in any place or locality from which the seepage, drainage, or runoff may endanger the purity of the water of the said pond or its tributaries; and(13) A person shall not permit the condition or practice of whatever kind that may endanger the purity of the waters of said pond or its tributaries.(h) The city of Concord shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Penacook Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.21
#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