Section Env-Ws 386.34 - Protection of the Purity of Loon Lake and Its Watershed(a) The purpose of this section is to protect the purity of the water of Loon Lake which is the principal drinking water supply for the town of Hillsborough.(b) This section shall apply within the Loon Lake watershed above the dam which is located at approximate latitude 43°09"07", longitude 71°56'39", in the town of Hillsborough.(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 town of Hillsborough 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 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 Loon Lake watershed described in (b), above, shall be as follows: (1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structure in which horses, cattle, swine or other animals or fowls are kept, within 75 feet of Loon Lake, meaning the high water mark, or within 75 feet of any bay, cove, or inlet thereto, or within 75 feet of any stream tributary to said lake, bays, coves or inlets;(2) A person shall not run any sink water, urine, or water that has been used for washing or cleansing either materials, persons, or food, into said lake, 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 75 feet of said lake 's high water mark, or of any bay, cove, or inlet, or within 75 feet of any stream tributary thereto;(3) A person shall not throw or deposit any dead animal, fish, or parts thereof, or food, or any article perishable or decayable, dung either human or animal, kitchen waste, swill, or garbage into said lake, or leave or permit any such wastes to remain within 75 feet of the high water mark, or into any bay, cove, or inlet of said lake, or into any stream tributary thereto, or within 75 feet of such bay, cove, or inlet, stream or tributary;(4) A person shall not bathe in Loon Lake within 1/4 mile of the point where water is taken for public supply, or elsewhere in said lake, provided notice to that effect is issued by the board of water commissioners or the board of health;(5) A person shall not deposit any sewage on the surface of the ground, allow any cesspool or privy vault to overflow, and shall not permit to exist any of the things, materials or conditions mentioned in the foregoing rule, nor anything else that might endanger the purity of said water supply, whatever may be their distance from said lake, in such locality or manner as in the opinion of the board of health or of the board of water commissioners, would be liable to contaminate the water of the said lake, in accordance with Env-Ws 386.03; and(6) A person shall not use a seaplane on Loon Lake.(h) The town of Hillsborough shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Loon Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.34
#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