Section Env-Ws 386.58 - Protection of the Purity of The Bellamy Reservoir and Its Watershed(a) The purpose of this section is to protect the purity of the water of the Bellamy Reservoir which is the principal drinking water supply for the city of Portsmouth.(b) This section shall apply within the Bellamy river watershed above the dam which is located at approximate latitude 43°10'49", longitude 70°56'55", 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 Barrington, Dover, and Madbury and their duly authorized agents, and the board of water commissioners of the city of Portsmouth 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 officials or employees of the town of Madbury or the city of Portsmouth board of water commissioners engaged in the performance of necessary duties for the protection of public safety or the protection and control of said reservoir.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bellamy Reservoir 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 fowls are kept, within 75 feet of Bellamy Reservoir meaning the high water elevation as defined by the existing spillway elevation of 136.0 feet, or within 75 feet of any inlet or tributary thereto;(2) A person shall not discharge any sewage waste, as defined in RSA 485:1, treated or otherwise, into said reservoir or any inlet or tributary thereof;(3) A person shall not throw or deposit any dead animal, or fish, or parts thereof, any article perishable or decayable, or any excreta, either human or animal, into said reservoir, or leave or permit any such waste to remain on the surface of the ground within 75 feet thereof or into any inlet or tributary thereto, or on the ground surface within 75 feet of any inlet or tributary;(4) A person shall not bathe or swim in said reservoir or any inlet or tributary thereto;(5) A person shall not operate any boats propelled by means of inboard or outboard motors other than electric motors on the waters of said reservoir;(6) A person shall not enter upon or conduct any activity on the ice of said reservoir within 100 feet of the Route 9 bridge, said bridge not being construed to include the causeway;(7) All activity whether of recreational, occupational or other nature, in or on the waters of said reservoir, within a distance of 2,000 feet of the water supply intake structure, the farthest extent of said area to be marked by signs or buoys, is hereby prohibited;(8) A person shall not throw, deposit or allow to remain upon the ice of the waters of said reservoir or upon the ice of any inlet or stream tributary thereto, any sewage or waste as defined in subparagraph (2) above; and(9) A person shall not operate any seaplane or any motor vehicle as defined in RSA 259:60, other than an all-terrain vehicle as defined in RSA 215-A:1, I-b. or a snow-traveling vehicle as defined in RSA 215-A:1, XIII., on any portion of said reservoir.(h) The city of Portsmouth shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Bellamy Reservoir or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance. These rules shall not apply to staff or hired employees.N.H. Code Admin. R. Env-Ws 386.58
#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