Section Env-Ws 386.35 - Protection of the Purity of Bear Pond and Its Watershed(a) The purpose of this section is to protect the purity of the water of Bear Pond which is the principal drinking water supply for the Contoocook Village Precinct in the town of Hopkinton.(b) This section shall apply within the Bear Pond watershed above the dam which is located at approximate latitude 43°13'52", longitude 71°48'02", in the town of Warner.(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 and the board of health of the town of Warner and their duly authorized agents, and the board of water commissioners of the Contoocook Village 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 pond.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bear Pond watershed described in (b), above, shall be as follows: (1) A person shall not build, continue or maintain any building or structure of any kind in which animals or fowl are kept, within 75 feet of Bear Pond or within 75 feet of any inlet or tributary thereto;(2) A person shall not permit any wastes or waters that has been used for washing or cleansing either materials, persons, food, to run into said pond, or into any inlet or tributary thereof;(3) A person shall not throw into or deposit in said pond any dead animal, fish or parts thereof, food, or any article perishable or decayable, or any excreta either human or animal, or leave or permit any such wastes to remain on the surface of the ground within 75 feet thereof or into any inlet or tributary;(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond or into any inlet or tributary thereto;(5) A person shall not trespass, bathe, boat, fish, or conduct any activity whatever whether of a recreational, occupational or other nature in or on the water of Bear Pond and its tributaries;(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond, or upon that of any inlet thereof, or of any stream tributary thereto, any matter, waste, or materials such as are described in (2), (3) and (4) above; and(7) A person shall not use a seaplane on Bear Pond.(h) The Contoocook 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 Bear Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.35
#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