Section Env-Ws 386.57 - Protection of the Purity of Berry Pond and Its Watershed(a) The purpose of this section is to protect the purity of the water of Berry Pond which is the principal drinking water supply for the town of Pittsfield.(b) This section shall apply within the Berry River watershed above the dam which is located at approximate latitude 43°17'28", longitude 71°18'03", in the town of Pittsfield.(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 Pittsfield 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 pond.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Berry Pond 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 structures in which horses, cattle, swine or other animals or fowls are kept, within 75 feet of Berry Pond, 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 pond, bays, coves or inlets;(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing either materials, persons, or food, to run 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 75 feet of said ponds, meaning the 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, food, any article perishable or decayable, or any dung either human or animal, kitchen waste, swill, or garbage into said pond, 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 pond, or into any stream tributary thereto, or within 75 feet of such bay, cove, or inlet, stream or tributary;(4) A person shall not build any of the structures or carry out any of the conditions described in (1), (2), and (3) above if the purity of the water is thereby deemed endangered by the department in accordance with Env-Ws 386.03;(5) A person shall not bathe in said pond;(6) A person shall not throw any sawdust or allow any sawdust to fall into said pond, or into any stream tributary thereto;(7) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond, or upon that of any bay, cove, or inlet thereof, or of any stream tributary thereto, any matter, waste, or materials such as are described in (2) and (3) above; and(8) A person shall not use a seaplane on said pond.(h) The Pittsfield Aqueduct Company shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Berry Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.57
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05