CHAPTER Env-Dw 900 PROTECTION OF WATER SOURCES
PART Env-Dw 901 GROUNDWATER RECLASSIFICATION
Revision Note:
Document
#8747, effective 10-28-06, readopted with amendments and renumbered former Part
Env-Ws 420, entitled Groundwater Reclassification,
under a new subtitle as Part Env-Dw 901. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done
pursuant to a rules reorganization plan for Department rules approved by the
Director of the Office of Legislative Services on 9-7-05.
Document
#8747 replaces all prior filings for rules formerly in Env-Ws
420. The prior filings for rules in
former Env-Ws 420 include the following documents:
#5542, eff
12-24-92
#6921, eff
12-24-98
Env-Dw 901.01 Purpose. The purpose of the rules in this part is to
implement RSA 485-C:5 and RSA 485-C:7 - 12 relative to groundwater
reclassification and management of wellhead protection areas and other locally
important groundwater.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14
Env-Dw 901.02 Applicability. The rules in this part shall apply to:
(a)
A any person seeking a reclassification of groundwater as allowed under
RSA 485-C:9; and
(b)
Any local entity that has requested and obtained a groundwater
reclassification for which RSA 485-C:8 requires on-going management of potential
contamination sources.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14
Env-Dw 901.03 Standard
Terms. Any terms used in this part
that are subject to Env-Dw 101.03 or that are defined
in Env-Dw 103 shall have the meaning established
therein.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14
Env-Dw 901.04 Part-Specific
Definitions.
(a) “Best management practice” means “best
management practice” as defined in RSA 485-C:2, II, as reprinted in Appendix B.
(b) “Boundary change” means the reclassification
of some portion(s) of an area that has been reclassified pursuant to Env-Dw 901.06.
(c) “Class” means class of groundwater.
(d) “Contact person” means an individual who can
be contacted on behalf of a local entity or other person who is submitting a
request to the department regarding the request.
(e) “Contributing area” means “contributing area”
as defined in RSA 485-C:2, IV, as reprinted in Appendix B.
(f) “Groundwater” means “groundwater” as defined
in RSA 485-C:2, VIII, as reprinted in Appendix B.
(g) “Inventory inspection” means a field
verification conducted by the department or a local entity to determine whether
an activity within the contributing area of a proposed groundwater
reclassification that has been identified as a potential contamination source actually uses, handles, or stores regulated substances
subject to the best management practices listed in Env-Wq
401.
(h) “Local entity” means “local entity” as
defined in RSA 485-C:2, X, as reprinted in Appendix B.
(i) “Management
inspection” means a periodic inspection conducted by a local entity to ensure
that potential contamination source activities are in
compliance with applicable best management practices.
(j) “New facility”
means any facility established or activity commencing:
(1)
After reclassification, in an area that was reclassified to GAA prior to
October 28, 2006; or
(2) After the department issues a notice
pursuant to Env-Dw 901.11 that a complete
reclassification application has been received, for an area that is proposed to
be reclassified to GAA after October 28, 2006, unless the department
subsequently denies the reclassification request.
(k) “Person” means “person” as defined in RSA
485-C:2, XI, as reprinted in Appendix B.
(l) “Potential contamination source” means
“potential contamination sources” as described in RSA 485-C:7, as reprinted in
Appendix B.
(m) “Regulated contaminant” means “regulated
contaminant” as defined in RSA 485-C:2, XIII, as reprinted in Appendix B.
(n) “Regulated substance” means any of the
following, with the exclusion of substances used for the treatment of drinking
water or waste water at department approved facilities:
(1) Oil as
defined in RSA 146-A:2,
(2) Any
substance that contains a regulated contaminant for which an ambient
groundwater quality standard has been established pursuant to RSA 485-C:6; and
(3) Any
substance listed in 40
(o) “Resource recovery facility” means any
facility engaged in an activity beyond sorting or physical volume reduction
methods, to treat or process solid waste into usable secondary materials or
products, including but not limited to fuel, energy, or compost.
(p) “Transmissivity” means “transmissivity” as
defined in RSA 485-C:2, XVI, as reprinted in Appendix B.
(q) “Wellhead protection area” means “wellhead
protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.03)
Env-Dw 901.05 Classes
of Groundwater. Groundwater shall be
classified as specified in RSA 485-C:5, I, and summarized in table 901-1,
below:
Table 901-1: Groundwater Classes
Class |
Description |
GAA |
Groundwater within the wellhead protection area
for wells that are currently used, or well sites that have been identified
for future use, as sources of drinking water for public water systems |
GA1 |
Groundwater in a defined zone of high value for
present or future drinking water supply |
GA2 |
Groundwater within aquifers identified as highly
productive for potential use as a public water supply by the U.S. Geological
Survey (USGS) regional groundwater studies or other regional studies |
GB |
Groundwater not assigned to a higher class |
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.04)
Env-Dw 901.06 Requests
for Reclassification of Groundwater to GAA or GA1. A local entity requesting a reclassification
of groundwater to GAA or GA1 shall provide the following to the department:
(a) A completed reclassification request form as
specified in Env-Dw 901.07, which shall constitute
the written request required by RSA 485-C:9, II or III, as applicable;
(b) If the local entity is a duly-constituted
municipal unit, the written concurrence of the local governing body as required
by RSA 485-C:9, II or III, as applicable, which may be in the form of certified
minutes of the meeting at which the agreement occurred;
(c) If the request is for reclassification to
GAA, a wellhead protection area delineation as required by RSA 485-C:9, II or
III, as applicable, performed in accordance with Env-Dw
901.12;
(d) If the request is for reclassification to
GA1, a definition of the contributing area of high value groundwater for
present or future drinking water supply as required by RSA 485-C:9, II or III,
as applicable, prepared in accordance with Env-Dw 901.13;
(e) A potential contamination source inventory
report as required by RSA 485-C:9, II or III, as applicable, prepared in
accordance with Env-Dw 901.16;
(f) A potential contamination source management
program as required by RSA 485-C:9, II or III, as applicable, prepared in
accordance with Env-Dw 901.17; and
(g) A description of the informational meeting
held in accordance with Env-Dw 901.14 if the local
entity chooses to hold one, including the following information:
(1) The date of
meeting;
(2) The
location of meeting;
(3) The number
of people attending; and
(4) The
location where meeting notice was posted and newspaper in which it was
published.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.05)
Env-Dw 901.07 Reclassification
Request Form.
(a) The local entity requesting reclassification
shall provide the following information pursuant to Env-Dw
901.06(a):
(1) The date of
the request;
(2) The name of
the local entity that is submitting the request;
(3) The name,
mailing address, and daytime telephone number of a contact person and, if
available, a fax number and e-mail address for the contact person;
(4) Whether the
request is for reclassification to GAA or GA1 or both; and
(5) The name of
each municipality in which the groundwater is located.
(b) The local entity requesting reclassification
shall submit U.S. Geological Survey (USGS) 7.5 minute
series quadrangle map(s) showing the area in which the groundwater is located
with the completed form.
(c) A duly-authorized
representative of the local entity submitting the request shall sign and date the
form and print or type his or her name and title.
(d) The signature provided pursuant to (c),
above, shall constitute certification that the information provided on the form
and with the request is true, complete, and not misleading to the best knowledge
and belief of the signer.
(e) If the area(s) to be reclassified are within
a municipality other than the one filing the request, a duly-authorized
representative of each such municipality shall sign and date the form and print
or type his or her name and title.
(f) Each signature provided pursuant to (e),
above, shall indicate that the municipality is aware of the reclassification
request and does not oppose the request.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14
Env-Dw 901.08 Requests
for Review of Groundwater Classified as GAA or GA1.
(a) A person requesting the department to review
a contributing area classified as GAA or GA1 to determine whether the
requirements for inventory and management of potential contamination sources
are being met as provided in RSA 485-C:9, V, shall submit a report to the
department that explains the reason(s) why the person believes the requirements
for the present classification are not being met.
(b) After receiving a request pursuant to (a),
above, the department shall:
(1) Proceed in
accordance with RSA 485-C:9, V(a); and
(2) Notify in
writing the person requesting the review and the local entity of its actions.
(c) If the department determines that a
deficiency in the inventory and management program exists and has not been
corrected within the time required by RSA 485-C:9, V(a), the commissioner shall
propose to reclassify the groundwater as GB unless the department has adequate
resources to take over the inspection and management program.
(d) Prior to finalizing the reclassification, the
department shall provide notice and hold a public hearing as required by RSA 485-C:9,
VI.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.07)
Env-Dw 901.09 Requests
for Reclassification of Groundwater to GA2.
(a) As specified in RSA 485-C:9, IV, upon receipt
of a report or study that identifies areas of bedrock or stratified drift
aquifers that are highly productive for public water supply, the department
shall recommend to the commissioner that a reclassification to GA2 should occur
if the areas:
(1) Meet the
criteria for the class; and
(2) Are not
already classified as GAA or GA1.
(b) A request to reclassify an area to GA2 shall
include:
(1) The name,
mailing address, and daytime telephone number of the requestor and, if the
requestor is other than an individual, the name and daytime telephone number of
a contact person;
(2) The date,
title, and author of the report or study;
(3) The name of
each municipality in which the groundwater is located;
(4) A copy of
the report or study; and
(5) A narrative
explaining the reasons for the request.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.08)
Env-Dw 901.10 Requests
for Boundary Changes.
(a) A person
who wishes to request a change in the boundary of groundwater that has
been classified pursuant to this part shall submit the following information in
writing to the department:
(1) The date of
the request;
(2) The name,
mailing address, and daytime telephone number of the requestor and, if the requestor is other than an individual,
the name and daytime telephone number of a contact person;
(3) The name of
each municipality in which the boundaries lie;
(4) The
classification and location of groundwater under review;
(5) The USGS 7.5 minute series quadrangle map(s) showing the existing and
proposed boundaries of the groundwater classification; and
(6) A narrative
explaining the reasons for the request.
(b) If the department determines that the request
is based on information not presented at the time of the initial classification
of the groundwater, then the department shall take action
on the request in accordance with Env-Dw 901.11.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.09)
Env-Dw 901.11 Department
Action on Requests for Reclassification or Boundary Changes.
(a)
Upon receipt of a request for reclassification of groundwater to GAA or
GA1, for a boundary change, or for reclassification to GA2, the department
shall determine whether all of the requisite
information for the application has been received, as specified in:
(1) Env-Dw 901.06 and Env-Dw 901.07 for reclassification of groundwater to GAA or GA1;
(2) Env-Dw 901.09 for reclassification to GA2; or
(3) Env-Dw 901.10 for a boundary change.
(b)
If the department determines that the request is complete, the
department shall:
(1) Acknowledge
receipt of the request in writing to the local entity or other person making
the request and each municipality in which the groundwater is located; and
(2) Schedule
and issue notice of a public hearing on the request in accordance with RSA
485-C:9, VI.
(c) If the department determines that the request
is not complete, the department shall notify the local entity or other person
filing the request in writing of the information that is needed to complete the
request.
(d) The department shall conduct the public
hearing held pursuant to (b)(2), above, in accordance
with the provisions of Env-C 200 that apply to non-adjudicative hearings.
(e) Following the public hearing, the department
shall notify in writing the local entity or other person requesting the
reclassification or boundary change and each municipality in which the
groundwater is located of the department’s decision on the request. If the request is denied, the written
decision shall specify the reason(s) for the denial.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.10)
Env-Dw 901.12 Wellhead
Protection Area Delineations.
(a) A local entity requesting reclassification to
GAA shall prepare, or request the department to prepare, a wellhead protection
area delineation that covers each well included in the area that is the subject
of the request.
(b) If the local entity requests the department to
prepare the delineation, the request shall:
(1) Be
submitted on official letterhead; and
(2) Include the
following:
a. The date of
the request;
b. The name of
the local entity;
c. The name,
mailing address, and daytime telephone number of a contact person and, if
available, a fax number and e-mail address;
d. The
municipality in which the well is located;
e. The name and
PWS identification number of the well;
f. The well type;
g. The
population and municipalities served by the well;
h. The name,
mailing address, and daytime telephone number of the well owner;
i. The street
address and locus map of well location;
j.
Hydrogeological or engineering reports, if available; and
k. Any site specific information available for the well site, that
is available, such as well siting report(s), boring logs, and pumping test
report(s).
(c) If the local entity is performing the
delineation for department review, the request to review the delineation shall
include all information considered in preparing the delineation.
(d) Wellhead protection area delineations shall
be based on the information specified in (b)(2), above.
(e) Upon reclassification to GAA, any challenge
to the delineated boundaries shall be made in accordance with Env-Dw 901.10.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.11)
Env-Dw 901.13 Delineations
of Groundwater and Well Sites for Present or Future Drinking Water Supply.
(a) A local entity requesting reclassification to
GA1 shall identify areas that are currently used or will be used for future
drinking water supply on USGS 7.5 minute series topographic
maps.
(b) The requestor under (a), above, shall provide
a map, accompanied by a report, that includes the following information:
(1) The
relationship of the proposed area to existing or planned drinking water
supplies, including any hydrogeologic information which supports the definition
of the area drawn on the map; and
(2) A
description of the extent to which the groundwater is or will be used for
drinking water purposes.
(c) A local entity requesting reclassification to
GAA of a wellhead protection area for a well site that has been identified for
future use shall submit the information specified in (a) and (b), above, and
the following:
(1) An estimate
of the projected production volume of the well expressed in gallons per day;
(2) For wells
with projected production volumes less than 57,600 gallons per day, a
delineation of the wellhead protection area or a map with a circle using a
radius drawn from the well to a linear distance based upon the projected volume
in accordance with Env-Dw 301.07(b)(2), Table 301-2;
and
(3) For wells
with projected production volumes of 57,600 gallons per day or greater, a
delineation of the wellhead protection area or a map with a circle using a
radius drawn from the well to a linear distance of 4,000 feet.
(d) For
reclassifications using a delineation completed per (c)(2) or (c)(3), above,
when a final wellhead protection area delineation is completed under Env-Dw 301 or Env-Dw 302, or if a
more accurate delineation has been completed, the local entity shall submit the
subsequent delineation to the department
with a request to change the reclassification boundaries in accordance with
Env-Dw 901.10.
(e) Upon reclassification to GAA or GA1, any challenge
to the delineation shall be made in accordance with Env-Dw
901.10.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.12)
Env-Dw 901.14 Informational Meeting.
(a) An informational meeting may be held by the
local entity seeking reclassification prior to performing an inventory
inspection or developing a management program in order to
explain to interested parties that it is seeking reclassification of
groundwater.
(b) If the local entity is not a private supplier
of water, the estimated cost of seeking and maintaining reclassification shall
be presented at the meeting held pursuant to (a), above.
(c) The notice of the informational meeting shall
be:
(1) Published
by the local entity in a newspaper of general circulation in the municipality
affected; and
(2) Posted in
at least 2 public places, one of which shall be the local entity’s web site if
the local entity has a web site.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.13)
Env-Dw 901.15 Performing an Inventory of Potential
Contamination Sources. A local
entity requesting reclassification to GAA or to GA1 shall:
(a) Perform the required inventory of potential
contamination sources by:
(1) Reviewing
human activities and operations to determine whether potential contamination
sources such as those listed in RSA 485-C:7, II are located within the area
proposed to be reclassified; and
(2) Recording
the information specified in RSA 485-C:8, II for each potential contamination
source; and
(b) Submitting an inventory report in accordance
with Env-Dw 901.16.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.14)
Env-Dw 901.16 Inventory Report.
(a) The inventory report submitted pursuant to
Env-Dw 901.15(b)
shall include:
(1) The
information required by RSA 485-C:8, II; and
(2) A
description of how the inventory was performed and what sources were used to
ensure its completeness.
(b) If the groundwater is reclassified as
requested, the local entity shall provide a copy of an inventory report to the
department every 3 years that has been updated based on the inspections
required by RSA 485-C:III(c).
(c)
The local entity shall submit each inventory report as a paper report
and, if available, in a computer database format that is compatible with the
format of a department database.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.15)
Env-Dw 901.17 Management Program.
(a) A local entity requesting reclassification to
GAA or to GA1 shall include in its request a plan for a potential contamination
source management program that will meet the requirements of RSA 485-C:8,
(b) The potential contamination source management
program plan provided pursuant to (a), above, shall include the following:
(1) A description
of the process for updating the inventory at intervals no greater than 3 years,
as required by RSA 485-C:8,
(2) A
description of the process for written notification to the owner of each
potential contamination source listed in the inventory at intervals no greater
than 3 years, as required by RSA 485-C:8,
(3) A list of
the name of the owner and the site address and tax map and lot number of each
property within the area proposed to be reclassified, submitted in paper format
and, if available,
in a computer database format
that is compatible with the format of a department database suitable for
the department to use in preparing mailing labels so as to meet the
notification requirements of RSA 485-C:9, VI(b);
(4) A list of
all facilities requiring or having release detection permits issued pursuant to Env-Or 700 or predecessor rules in
Env-Wm 1403 within the area proposed to
be reclassified;
(5) The process
for performing a management inspection in accordance with Env-Dw 901.18 of all potential contamination sources located
within the area proposed to be
reclassified at least once every 3 years to ascertain compliance with
best management practices for preventing groundwater contamination, provided,
however, that pesticides regulated under RSA 420:28-48 and agricultural
operations which are operated in compliance with all applicable chapters of RSA
title XL and best management practices developed, administered and enforced by
the New Hampshire department of agriculture, markets, and food shall not be
subject to inspection under these rules, pursuant to RSA 485-C:8,
(6) An
assessment of the ability of the local entity to implement and maintain the
potential contamination source management program.
(c) The written notification to each potential
contamination source described in (b)(2), above, shall include:
(1) The name
and address of the contact person for the local entity requesting
reclassification, and, for GAA areas, the location(s) of the well(s) for which
the wellhead protection area was delineated;
(2) A statement
that the potential contamination source is in a wellhead protection area, an
area likely to have groundwater below it that is drawn to a community water
supply well, or an area of potential use for future public water supply, as applicable;
(3) A statement
of what the present use of the property is and a statement that it is
considered to have potential for groundwater contamination;
(4) A copy of
Env-Wq 401 relative to best management practices for
preventing groundwater contamination;
(5) A statement
that any unpermitted discharge to groundwater, or contamination of groundwater,
is illegal under RSA 485-A:13 and Env-Or 700 and Env-Wq 402; and
(6) The name
and phone number of a contact person and affiliated agency to call at the local
level and at the state level to answer any questions about the program.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.16)
Env-Dw 901.18 Performance
of Management Inspections.
(a) As required by RSA 485-C:8,
(b) The local entity shall provide written notice
of any violations of best management practices to the owner of the potential
contamination source within 30 days of the date of the management inspection.
(c) Inability to gain access to a potential
contamination source for the purpose of conducting a management inspection
shall be reported by the local entity to the local health officer and to the
department.
Source. (See Revision
Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.17)
Env-Dw 901.19 Waivers.
(a) A local entity requesting reclassification of
groundwater or a person requesting that the department review a contributing
area classified as GAA or GA1 or reclassify an area to GA2 or GB or change one
or more of the boundaries of an existing groundwater reclassification or a
person responsible for implementing a management program under this part may
request a waiver to any information requirement under this part, provided that
the information requirement is not mandated by RSA 485-C.
(b) The person requesting the waiver(s) shall
submit the following information in writing to the department:
(1) The name,
mailing address, daytime telephone number, and email address, if any, of the
person who is requesting the waiver and, if the person is other than an
individual, the name, daytime telephone number, and email address, if any, of
an individual who can be contacted by the department relative to the request;
(2)
Identification of the location of the area covered by the review or
reclassification request to which the waiver request relates;
(3)
Identification of the specific section of the rules that requires the
information to which the waiver request relates;
(4) A full
explanation of why a waiver is being requested, including an estimate of the
costs of obtaining the information;
(5) Whether the
waiver is needed for a limited or indefinite period of time;
and
(6) A full explanation
of how granting a waiver meet the criteria specified in (c), below.
(c) The department shall grant a waiver to an
information requirement upon finding that:
(1) The information requirement
is not mandated by RSA 485-C; and
(2) Denial of the waiver request would place a financial
burden on the requestor that is disproportionate to the value of the
information required.
(d) The department shall issue a written response
to a request for a waiver within 60 days of receipt of the request. If the department denies the request, the
reasons(s) for the denial shall be clearly stated in the written response.
Source. #10749, eff 12-19-14 (from Env-A 901.18)
PART Env-Dw 902 PROTECTING
THE PURITY OF SURFACE WATER SOURCES OF DRINKING WATER
Statutory
Authority: RSA 485:23, I; RSA 485:24, I
Revision Note:
Document #10602, effective 5-20-14, readopted with
amendments and renumbered former Part Env-Ws 386,
titled “Rules for Protecting the Purity of Regulated Watersheds”, and also adopted new rules, under a new subtitle as Part
Env-Dw 902, titled “Protecting the Purity of Surface
Water Sources of Drinking Water”. The redesignation
from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05.
Most of the existing rules in Env-Ws
386 had last been filed under Document #8500, effective 11-30-05, but they did
not expire on 11-30-13 but were extended pursuant to RSA 541-A:14-a until
replaced by the rules in Document #10602, effective 5-20-14.
Document
#10602 replaces all prior filings for rules in the former Env-Ws 386. The prior
filings for these former rules, beginning with Document #6521, effective
6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:
#6521, eff
6-4-97
#7508, eff
6-21-01
#7590, EMERGENCY, eff
11-18-01, EXPIRED 5-7-02
#8360, INTERIM, eff
6-4-05
#8500, eff
11-30-05
#8969, eff
8-24-07
Env-Dw 902.01 Purpose. The purpose of this part is to implement RSA 485:23
and RSA 485:24 by establishing reasonable watershed management practices to
protect the quality of surface waters used as sources of drinking water.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21
Env-Dw 902.02 Applicability.
(a) This part shall apply only to the particular watershed identified in the introductory
paragraph(s) of each section.
(b) The rules in Env-Dw
902.01 through Env-Dw 902.06 shall apply to Env-Dw 902.07 through Env-Dw 902.35.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21
Env-Dw
902.03 Definitions. Unless otherwise defined in context, the
following definitions shall apply to this part:
(a) “Agricultural
compost” means “agricultural compost” as
defined in RSA 431:33, I, reprinted in Appendix C;
(b) “All-terrain
vehicle” means “all-terrain vehicle” as
defined in RSA 215-A:1, I-b, reprinted in Appendix C;
(c) “Board of water
commissioners” means the local authority that is in charge of the local public
water system;
(d) “Commercial
fertilizer” means “commercial fertilizer” as defined in RSA 431:33, II, reprinted in Appendix C;
(e)
“Hazardous waste” means “hazardous
waste” as defined in RSA 147-A:2, VII, reprinted in Appendix C;
(f)
“Industrial waste” means “industrial
waste” as defined in RSA 485-A:2, VI, reprinted in Appendix C;
(g) “Inlet” means an
area of surface water that connects to and is part of a lake or pond, including
but not limited to a bay or cove;
(h) “Junk yard” means
“junk yard” as defined in RSA 236:112, I, reprinted in Appendix C;
(i) “Machinery junk yard” means “machinery junk
yard” as defined in RSA 236:112, III, reprinted in Appendix C;
(j) “Manure” means
“manure” as defined in RSA 431:33, III,
reprinted in Appendix C;
(k) “Motor vehicle”
means “motor vehicle” as defined in
RSA 259:60, reprinted in Appendix C;
(l)
“Off-highway recreational vehicle (OHRV)” means “off-highway recreational vehicle” as defined in RSA
215-A:1, VI, reprinted in Appendix C;
(m)
“Other waste” means “other
waste” as defined in RSA 485-A:2, VIII,
reprinted in Appendix C;
(n)
“Person” means “person” as defined in RSA 485-A:2, IX,
reprinted in Appendix C;
(o) “Seaplane” means “seaplane” as defined in RSA 270:2, IX, reprinted in Appendix C;
(p)
“Sewage” means “sewage” as defined in RSA 485-A:2, X,
reprinted in Appendix C;
(q)
“Ski craft” means “ski craft” as defined in RSA 270:73, V, reprinted in Appendix C;
(r)
“Snowmobile” means “snowmobile” as
defined in RSA 215-A:1, XIII, reprinted in Appendix C;
(s)
“Solid waste” means “solid
waste” as defined in RSA 149-M:4, XXII, reprinted in Appendix C; and
(t) “Tributary” means a surface water body that
is connected by surface flow in a distinct channel to the subject surface water
body. The term includes, but is not
limited to, the upstream reach of an impounded river, a stream that feeds
directly into the subject surface water body, and a pond that is connected by a
stream to the subject surface water body.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff
10-26-21
Env-Dw
902.04 Restriction of Activities
Beyond The Setback From Streams and Shorelines.
(a) The rules in Env-Dw
902.07 through Env-Dw 902.35 shall apply to also
restrict activity beyond the shoreline setback if the department determines
that such activity would endanger water quality.
(b) The department shall consider the following
factors when determining whether an activity beyond the shoreline setback would
endanger water quality:
(1) Type of contaminant;
(2) Amount of contaminant generated by the activity;
(3) Persistence of the contaminant;
(4) Distance and topography between the
contaminant locus and the water supply intake; and
(5) Application of best management practices
(BMPs) or best available treatment (BAT).
(c) Prior to making a
determination, the department shall conduct a public hearing:
(1) In a location within the watershed that would
be affected by a determination or, if there is not a suitable location within
the watershed, in a location that is near the watershed; and
(2) In accordance with the provisions of Env-C
200 that apply to non-adjudicative proceedings.
(d) If the department determines that, due to the
type, amount, and persistence of the contaminant and the topography and distance
between the activity that generates the contaminant and the water supply
intake, the contaminant cannot be reduced to a safe level through the
application of BMPs or BAT, the department shall issue a written notice
advising the water supplier and the person undertaking the activity that the activity
shall be restricted to a specified distance from the water supply intake, with
or without BMPs or BAT, so that the activity will not pose a threat to the
water taken in by the water system.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21
Env-Dw 902.05 Waivers.
(a) Any person whose activities in a given watershed are restricted by these rules and who
wishes to request a waiver of the rule(s) that impose(s) the restriction(s)
shall make such request in accordance with this section.
(b) The person requesting a waiver shall:
(1) Compile the
information specified in (d), below, in a written document;
(2) Sign and
date the document;
(3) If the
requestor does not own the affected property, obtain the dated signature of
each property owner as identified pursuant to (d)(2), below;
(4) Submit the
original signed document to the department; and
(5) Send a copy
of the signed document to the affected water supplier and to each municipality
in which the affected property is located.
(c) The signature(s) of the applicant and the affected land owner(s), if any, shall constitute certification that
the information provided is true, complete, and not misleading to the
knowledge and belief of the signor.
(d) Each request for a waiver shall include the
following information:
(1) The name, mailing address, and daytime
telephone number of the person making the request and, if available, an email
address and fax number;
(2) If the person making the request is not the
owner of the property, the name and mailing address, and daytime telephone
number of each landowner and, if available, an email address and fax number;
(3) A description of the affected property,
including town, street address, and tax map and lot number;
(4) A specific reference to the section and
paragraph within the section for which a waiver is being sought;
(5) A full explanation of why a waiver is being
requested, including an explanation of the practical and economic consequences
to the person of complying with the rule as written;
(6) Whether the need for the waiver is temporary
or permanent and, if temporary, the amount of time the waiver is needed;
(7) If the requestor is proposing an alternative
measure, a full explanation of the alternatives that will be implemented if the
waiver is granted, with backup supporting data; and
(8) A full explanation of how the waiver request
meets the criteria specified in (h), below.
(e) Upon receipt of a
waiver request, the department shall inform the affected water supplier and the municipality
in which the property is located of the opportunity to submit data, views, or
comments regarding the waiver request in accordance with RSA 541-A:39.
(f) If requested by the affected water supplier
or municipality, the department shall conduct a public hearing regarding the
waiver request prior to making a decision on the
request.
(g) Any public hearing held pursuant to (f)
above, shall be conducted:
(1) In a
location within the watershed that would be affected by a determination or, if
there is not a suitable location within the watershed, in a location that is
near the watershed; and
(2) In
accordance with the provisions of Env-C 200 that apply to non-adjudicative
proceedings.
(h) The department
shall grant a waiver if it determines that:
(1) The activity will be undertaken in a way that
will provide equivalent or better protection to the protected surface water; or
(2) The affected water supplier does not object
to the request and the intent of RSA 485:24 and RSA 485:25 will still be met.
(i) The department shall send its written
decision on a waiver request to the requestor, each property owner identified
pursuant to (d)(2) above, each municipality in which the property is located, and the affected
water supplier.
(j) If the waiver request
is denied, the department shall specify the reason(s) for the denial in its
written decision.
(k) If a waiver is
granted, the department shall:
(1) Attach such conditions to the waiver as are
necessary to ensure that the criteria specified in (h) above, are met; and
(2) Specify the expiration date of the waiver, if a temporary waiver was requested.
(l) Any waiver
granted shall be transferable with the affected property until the stated
expiration date of the waiver, if any.
Source. (See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.06 Notice
to Municipalities.
(a) Whenever the department proposes to adopt,
amend, readopt with amendment, or repeal any provision of Env-Dw 902 that affects a particular watershed, the department
shall provide written notice to:
(1) The governing
body of each municipality in which any part of the watershed is located; or
(2) The county commissioners, if any part of a watershed is within an
unincorporated place.
(b) The department shall send the written notice
within 7 calendar days of filing the rulemaking notice under RSA 541-A:6, I.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.07 Protection of the Purity of Bradley Lake
and Its Watershed.
(a) The purpose of
this section is to protect the purity of the water of Bradley Lake, which is
the principal public drinking water supply for the town of Andover.
(b) This section
shall apply within
the Bradley Lake watershed above the lake outlet that is located at approximate
latitude 43° 25' 00", longitude 71° 49' 22", in the towns of:
(1) Andover; and
(2) Salisbury.
(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 RSA 485:24, the health officers and the boards of health of the towns of Andover
and Salisbury and their duly authorized agents, and the board of water commissioners
of the
Andover 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 provision that is
more protective of the surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 Bradley Lake watershed described
in (b) above, shall be as follows:
(1) A person
shall not build, continue or maintain a privy, pig-pen,
stable, or other buildings or structures in which horses, cattle, swine, or
other animals or fowls are kept within 75 feet of Bradley Lake or within 75
feet of any inlet thereof or tributary thereto;
(2) A person
shall not permit urine, sink water, or water that has been used for washing or
cleansing materials, persons, or food to run into said lake or any inlet
thereof, or into any cesspool, septic tank,
or other excavation or onto the surface of any ground within 75 feet of the
high water mark of said lake or any inlet thereof;
(3) A person
shall not deposit or throw a dead animal or fish or parts thereof, kitchen
waste, garbage, or refuse of any kind, manure, or human wastes into said lake
or any inlet thereof, nor shall a person leave or allow such materials to
remain within 75 feet of said lake or any inlet thereof;
(4) A person
shall not permit the activities or conditions described in (1), (2), and
(3) above, within the watershed area tributary to Bradley Lake even though
beyond the minimum limit of 75 feet, if the purity of the water thereby shall
be deemed by the department to be endangered in accordance with the criteria in
Env-Dw 902.04;
(5) A person
shall not permit sawdust to be thrown or allowed to fall into said lake or into
any inlet thereof;
(6) A person
shall not swim or bathe, nor shall a person permit any domestic animals to
enter in the waters of said lake south of a line drawn from a point on the
easterly shore located at latitude 43° 24' 56.4", longitude 71°49' 33.6"
to a point on the island located at latitude 43° 24' 55.8", longitude
71°49' 36.8" to the point on the westerly shore located at latitude 43°
24' 54.8", longitude 71° 49' 38.9", said line being located where
power lines cross the lake as of the 2014 effective date of this section; and
(7) A person
shall not use seaplanes on said lake.
(h) The Andover 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 Bradley Lake or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.08 Protection
of the Purity of Albany Brook and Its Watershed.
(a) The purpose of this section is to protect the
purity of the
water of Albany Brook, which is the principal drinking water supply for
Bartlett Village Precinct.
(b)
This section shall apply within the Albany Brook watershed above the dam
that is located at approximate latitude 44°
03' 37",
longitude 71° 17' 36", in the towns of:
(1) Bartlett; and
(2) Albany.
(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 RSA 485:24, the health officers
and the boards of health of the towns of Bartlett and Albany and their duly
authorized agents, and the board of water commissioners of the Bartlett 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 brook.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Albany Brook watershed
described in (b) above, shall be as follows:
(1) A person
shall not build, continue or maintain a privy, pig-pen,
stable, or other buildings or structures in which horses, cattle, swine, or
other animals or fowls are kept within 75 feet of the high water mark of Albany
Brook or within 75 feet of any tributary to said brook;
(2) A person
shall not allow sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food to run into said brook or any tributary
thereto, or into any excavation or cesspool in the ground or on the surface of
any ground within 75 feet of the high water mark of
said brook or
any tributary thereto;
(3) A person
shall not throw or deposit into said brook or any tributary thereto, any dead
animal or fish or parts thereof, food, perishable or decayable material,
manure, human wastes, kitchen waste, swill, or garbage, or leave or allow any
such materials to remain within 75 feet of the high water
mark of said brook or any tributary thereto;
(4) A person
shall not deposit or allow to fall any sawdust, shavings, apple pomace, or waste
from mills or factories into said brook or any tributary thereto, or upon their
banks so near as to be reachable by high water;
(5) A person
shall not bathe in said brook;
(6) A person
shall not fish in said brook;
(7) A person
shall not allow any of the structures or conditions described in (1), (2), (3),
and (4) above, beyond the minimum limit of 75 feet, if the purity of the water
thereby shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered; and
(8) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
brook or any tributary thereto, any materials such as are described in (2),
(3), and (4) above.
(h) The Bartlett Village precinct shall post a
summary of the prohibitions contained in (g) above at public access locations where
persons might reasonably be expected to access Albany Brook or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.09 Protection
of the Purity of the Upper Ammonoosuc River Godfrey
Dam and Its Watershed.
(a) The purpose of this section is to protect the
purity of the
water of the Upper Ammonoosuc River, which is a
principal drinking water supply for the city of Berlin.
(b)
This section shall apply within the Ammonoosuc
River watershed above the Godfrey Dam, which is located at approximate latitude
44° 29' 03", longitude 71° 19' 14", in
the:
(1) City of Berlin;
(2) Town of Kilkenney;
and
(3) Town of Randolph.
(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 RSA 485:24, the health officers
and the boards of health of the city of Berlin and the towns of Kilkenney and Randolph and their duly authorized agents,
and the board of water commissioners of the city of Berlin 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 provision that is more protective of the
surface water shall apply.
(f) Any deviations from this section shall be by written
consent of the department
in accordance with Env-Dw 902.05. 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 the Godfrey Dam
impoundment.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Godfrey Dam watershed
described in (b) above, shall be as follows:
(1) A person
shall not build, continue, or maintain a privy, pig-pen,
stable, or other buildings or structures in which horses, cattle, swine, or
other animals or fowls are kept within 75 feet of the high water mark of said
reservoir or any inlet thereof or tributary thereto;
(2) A person
shall not allow sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food to run into said reservoir or any inlet thereof or
tributary thereto, or into any excavation or cesspool in the ground or on the
surface of any ground within 75 feet of the high water
mark of said reservoir
or any inlet thereof or tributary thereto;
(3) A person shall
not throw or deposit any dead animal or fish or parts thereof, food, perishable
or decayable material, manure, human wastes, kitchen waste, swill, or garbage
into said reservoir
or any inlet thereof or tributary thereto, or leave or allow any such materials
to remain within 75 feet of the high water mark of
said reservoir or any inlet thereof or tributary thereto;
(4) A person
shall not deposit or allow sawdust, shavings, apple pomace, or waste from mills
or factories to fall into said reservoir or into any inlet thereof or tributary
thereto, or upon their banks so near as to be reachable by high water;
(5) A person
shall not bathe in said reservoir;
(6) A person
shall not allow structures or conditions described in (1), (2), (3) and (4) above,
beyond the minimum limit of 75 feet, if the purity thereby of the water shall
be deemed by the department in accordance with Env-Dw 902.04 to
be endangered;
(7) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
reservoir
or any inlet thereof or tributary thereto, any waste or materials such as
described in (2), (3) and (4) above; and
(8) A person
shall not use seaplanes on said reservoir.
(h) The city of Berlin shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access the upper Ammonoosuc
River or its tributaries. This posted
summary may also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.10 Protection
of the Purity of Canaan Street Lake and Its Watershed.
(a)
The purpose of this section is to protect the purity of the water of Canaan Street Lake,
which is the principal drinking water supply for the town of Canaan.
(b)
This section shall apply within the Canaan Street Lake watershed above the outlet dam that
is located at approximate latitude 43° 40' 33", longitude 72° 02' 35", in
the town of Canaan.
(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 RSA 485:24, the health
officer, the board of health, and the board of water commissioners of the town
of Canaan 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 provision that is more
protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Dw 902.05. 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 Canaan Street Lake
watershed described in (b) above shall be as follows:
(1) A person
shall not build, continue, or maintain a building or structure of any kind in
which animals or fowl are kept within 75 feet of Canaan Street Lake or within
75 feet of any inlet thereof or tributary thereto;
(2) A person
shall not permit wastes or waters that have been used for washing or cleansing
materials, persons, or food, to run into said lake or any inlet thereof or tributary
thereto;
(3) A person
shall not throw or deposit any dead animal or fish, or parts thereof, food,
perishable or decayable material, manure, or human wastes into said lake or any
inlet thereof or tributary thereto, or allow any such materials to remain
within 75 feet of said lake or any inlet thereof or tributary thereto;
(4) A person
shall not throw any sawdust or allow any sawdust to fall into said lake or any
inlet thereof or tributary thereto;
(5) A person shall
not trespass, boat, bathe, swim, fish, or conduct any activity whatever,
whether of recreational, occupational, or other nature, in the waters or on the
ice of Canaan Street Lake, south of a line about 1,200 feet northwest of the
lake’s southern most part, beginning at a point on the westerly shore at the
center line of the road which exists adjacent to the present property line
between the properties identified on tax map I-D as lots 38B and 39D, and
extending across said lake to the stone jetty on the easterly shore on the property
identified on tax map I-D as lot 56-1.
The 2 extremities of such a line shall be properly marked by the local
water works authority so that they can be readily identified and observed by
the general public; and
(6) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
lake or any inlet thereof or tributary thereto, any matter, waste, or materials
such as are described in (2), (3), and (4) above.
(h) The town of Canaan shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access Canaan Street Lake or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.11 Protection of the Purity of
Whitewater Brook, Rice Reservoir, and Dole Reservoir and Their
Watersheds.
(a) The purpose of this section is to protect the purity of the water
of Whitewater Brook and reservoir, Rice Reservoir and watershed, and
Dole Reservoir and watershed, which are principal drinking water supplies for
the city of Claremont.
(b)
This section shall apply within:
(1) The Whitewater Brook watershed above the
Whitewater dam, which is located at approximate latitude 43° 25' 24", longitude
72° 18' 42", in the city of Claremont and towns of Cornish and Croydon;
(2) The Rice Reservoir watershed above the Rice
dam, which is located at approximate latitude 43° 25' 08", longitude 72°
19' 42", in the city of Claremont; and
(3) The Dole Reservoir watershed above the Dole
dam, which is located at approximate latitude 43° 23'
21", longitude 72° 19' 56", in the city of Claremont.
(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 RSA 485:24, the health officers and the boards of health of the city of Claremont
and the towns of Cornish and Croydon and their duly authorized agents, and the
board of water commissioners of the city of Claremont 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 provision that is
more protective of the surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 brook
and reservoirs.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Whitewater Brook, Rice
Reservoir, and Dole Reservoir watersheds described in (b), above
shall be as follows:
(1) A person
shall not build, continue, or maintain a structure of any kind in which animals
or fowl are kept within 75 feet of said brook or reservoirs or any inlet
thereof or tributary thereto;
(2) A person
shall not allow wastes or waters that have been used for washing or cleansing
materials, persons, or food to run into said brook or reservoirs or any inlet thereof or
tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, or human wastes into said brook or reservoirs or
into any inlet thereof or tributary thereto, or leave or allow such materials
to remain on the surface of the ground within 75 feet of said brook or
reservoirs or any inlet thereof or tributary thereto;
(4) A person shall not throw any sawdust or allow
any sawdust to fall into said brook or reservoirs or any inlet thereof or
tributary thereto;
(5) A person shall not trespass, boat, bathe,
swim, fish, or carry on any activity whatever, whether of recreational,
occupational, or other nature, in the waters or on the ice of Whitewater Brook
Reservoir and Intake Reservoir located on Whitewater Brook; and
(6) A person shall not throw, deposit, or allow
to remain upon the ice of the waters of said brook or reservoirs or any inlet
thereof or tributary thereto, any matter, waste or
materials such as are described in (2), (3), and (4) above.
(h)
The city of Claremont shall post a summary of the prohibitions contained
in (g) above, at all public access locations where persons might reasonably be
expected to access Whitewater Brook, Rice Reservoir, or Dole Reservoir or their watersheds or tributaries. This posted summary may also contain any prohibitions
enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.12 Protection of the Purity of
Penacook Lake and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Penacook Lake, which is a principal drinking water supply for the city of Concord.
(b)
This section shall apply within the Penacook Lake watershed above the outlet dam that 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 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 lake.
(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 Lake, meaning to
include that part of the lake sometimes called Forge Pond, or any inlet thereof
or tributary thereto except upon the approval of the department in accordance with Env-Dw 902.05;
(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 Lake or any open water flowing as aforesaid into said lake unless
suitable or adequate provisions is made to prevent manure or other polluting
matter from flowing or being washed into said lake or such open water;
(3) A person
shall not run sink drainage, urine, or water that has been used for washing or
cleansing persons or materials into said lake or any inlet thereof or tributary
thereto, or into any excavation or cesspool in the ground or on the surface of
any ground within 200 feet of any tributary thereto;
(4) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said lake or any inlet thereof or tributary thereto, or leave
or allow any such materials to remain within 200 feet of the high
water mark of said lake or any inlet thereof or tributary thereto;
(5) A person
shall not allow any human excrement to be kept in, deposited, or discharged
into any cesspool, privy, or other receptacle situated
within 200 feet of the high water mark of said lake or
any open waters which flow directly or ultimately into said lake;
(6) A person
shall not throw sawdust, or allow sawdust to fall into said lake or any inlet
thereof or tributary thereto;
(7) A person
shall not bathe or swim in said lake, 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 lake;
(8) A person
shall not throw, or allow to remain upon the ice of the water of said lake or
any inlet thereof or 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 lake;
(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 lake. 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 lake;
(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 lake, until the location or construction thereof has been
approved in writing by the department in accordance with Env-Dw 902.05;
(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 lake 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 lake 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 Lake or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.13 Protection
of the Purity of Whittle Brook and Goffstown Reservoir and Their Watershed.
(a) The purpose of this section is to protect the purity of the water
of Whittle Brook and Goffstown Reservoir, which constitute the principal
drinking water supply for the Goffstown Village Precinct.
(b)
This section shall apply within the Whittle Brook watershed above the
dam that is located at approximate latitude 42° 59'
47", longitude 71° 35' 44", in the town of Goffstown.
(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 RSA 485:24, the health officer
and the board of health of the town of Goffstown and their duly authorized
agents, and the board of water commissioners of the Goffstown 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 brook
and reservoir.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Whittle Brook and Goffstown
Reservoir 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 the high water mark of said
brook or reservoir or any inlet thereof or tributary thereto;
(2) A person
shall not run sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food, into said brook or reservoir or any inlet thereof
or tributary thereto, or into any excavation or cesspool in the ground or on
the surface of any ground within 75 feet of the high water
mark of said brook
or reservoir or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food, perishable
or decayable material, manure, human wastes, kitchen waste, swill, or garbage
into said brook
or reservoir or any inlet thereof or tributary thereto, or leave or
allow any such materials to remain within 75 feet of the high
water mark of said brook or reservoir or any inlet thereof or tributary thereto;
(4) A person
shall not deposit or allow to fall into said brook or reservoir or any inlet thereof or
tributary thereto, or upon their banks so near as to be reachable by
high water, any sawdust, shavings, apple pomace, or waste from mills or factories;
(5) A person
shall not bathe in said brook or reservoir;
(6) A person
shall not fish on said brook or reservoir;
(7) A person
shall not allow any of the structures or conditions described in (2), (3), and
(4) above, beyond the minimum limit of 75 feet, if the purity of the water
shall thereby be deemed by the department in accordance with Env-Dw 902.04 to be endangered;
(8) A person
shall not allow any matter, waste, or materials such as are described in (2),
(3), and (4) above to be thrown, deposited, or allowed to remain upon the ice
of the waters of said brook or reservoir or any inlet thereof or tributary thereto; and
(9) A person
shall not use a seaplane on said brook or reservoir.
(h) The Goffstown 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 Whittle brook or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.14 Protection
of the Purity of Tobey Reservoir and Its Watershed.
(a) The purpose of this section is to protect the purity of the water of
the Tobey Reservoir, which is the principal drinking water supply for the town
of Greenville.
(b)
This section shall apply within the Tobey Reservoir watershed above the
dam located at approximate latitude 42° 48' 08", longitude
71° 50'
13", in the towns of:
(1) New Ipswich; and
(2) Temple.
(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 RSA 485:24, the health officers
and the boards of health of the towns of New Ipswich and Temple and their duly
authorized agents, and the board of water commissioners of the town of
Greenville 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 provision that is more protective of the
surface water shall apply.
(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05.
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 reservoir nor shall said restrictions apply
to employees of New Hampshire’s fish and game department engaged in the removal
of stock fish from the reservoir under conditions approved by that agency.
(g) In addition to any prohibitions adopted by local
ordinance, the prohibitions that apply in the Tobey Reservoir watershed described in (b) above,
shall be as follows:
(1) A person
shall not build, continue, or maintain any structure of any kind in which
animals or fowls are kept within 75 feet of Tobey Reservoir or any inlet thereof or
tributary thereto, except in such cases as the local board of health may allow
and upon the approval of the department in accordance with Env-Dw 902.05,
and under such rules as it may require;
(2) A person
shall not discharge sewage or other waste as defined in RSA 485-A:2, X, treated
or otherwise, into said reservoir or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit dead animals or fish or parts thereof, food,
perishable or decayable material, manure, or human wastes into said reservoir
or any inlet thereof or tributary thereto, or leave or allow any such materials
to remain on the surface of the ground within 75 feet of said reservoir or any
inlet thereof or tributary thereto;
(4) A person
shall be prohibited from all activity, including swimming, bathing, and
boating, whether of recreational, occupational, or other nature, in or on the
waters of said reservoir and its tributaries;
(5) 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 thereof or tributary thereto, any sewage
or other waste as defined in RSA 485-A:2; and
(6) A person
shall not use a seaplane on any portion of the said reservoir.
(h) The town of Greenville shall post a summary
of the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access the Tobey Reservoir or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.15 Protection
of the Purity of Camp Brook Including the Upper and Lower Hanover Reservoirs and Hanover
Center Reservoir and Their Watersheds.
(a)
The purpose of this section is to protect the purity of the water of
Camp Brook, the Upper and Lower Hanover Reservoir and Hanover Center Reservoir,
which constitute the principal drinking water supply for the town of Hanover.
(b)
This section shall apply within:
(1) The Camp Brook watershed above the dam that
is located at approximate latitude 43° 43' 11",
longitude 72° 14' 57", in the town of Hanover; and
(2) The Hanover Center watershed above the dam
that is located at approximate latitude 43° 42' 53",
longitude 72° 14' 15", in the town of Hanover.
(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 RSA 485:24, the health officer
and the board of health of the town of Hanover 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. The provisions of this section shall not
apply to members of the board of selectmen engaged in the performance of
necessary duties for the protection and
control of said brook and reservoirs.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Camp Brook, Upper and Lower
Hanover Reservoirs, and Hanover Center Reservoir watersheds 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 Camp Brook, the Upper and Lower Hanover
Reservoirs, and the Hanover Center Reservoir in the town of
Hanover or within 75 feet of any inlet thereto, or within 75 feet of any
tributary to said brook or reservoirs;
(2) A person
shall not run any sewage, wastes, or waters that have been used for
washing or cleansing materials, persons, or food into said reservoirs or brook
or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, or human wastes into said reservoirs
or brook or any inlet thereof or tributary thereto, or leave or allow any such
materials to remain on the surface of ground within 75 feet of said reservoirs
or brook or any inlet thereof or tributary thereto;
(4) A person
shall not throw any sawdust or allow any sawdust to fall, into said reservoirs
or brook or any inlet thereof or tributary thereto;
(5) A person
shall not boat, bathe, swim, fish, or conduct on any activity of a
recreational, occupational, or other nature, in the waters or on the ice of Camp
Brook, the Upper and Lower Hanover Reservoirs, or the Hanover Center Reservoir, or
tributaries thereto; and
(6) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
reservoirs or brook or any inlet thereof or tributary thereto upstream of the
water works intake, any matter, waste, or materials such as are described in
(2), (3), and (4) above.
(h) The town of Hanover shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access Camp Brook, the Upper
and Lower Hanover
Reservoirs, and the Hanover Center Reservoir or their
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.16 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
that 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 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05.
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 the high water mark of
Loon Lake
or any inlet thereto or tributary thereof;
(2) A person
shall not run any sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food, into said lake or any inlet thereof or tributary
thereto, or into any excavation or cesspool in the ground or on the surface of any
ground within 75 feet of the high water mark of said lake or any
inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said lake or any inlet thereof or tributary thereto, or leave or
allow any such materials to remain on the ground surface within 75 feet of the high water mark of said lake or any inlet thereof or
tributary thereto;
(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, or allow any of the things, materials, or
conditions mentioned in (1)-(4) above, 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-Dw 902.04; 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.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.17 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
that 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 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. 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 thereof or tributary thereto;
(2) A person
shall not permit any wastes or water that has been used for washing or
cleansing materials, persons, food, to run into said pond or any inlet thereof
or tributary thereto;
(3) A person
shall not throw into or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, or human wastes in said pond or any
inlet thereof or tributary thereto, or leave or allow any such materials to
remain on the surface of the ground within 75 feet of said pond or any inlet
thereof or tributary thereto;
(4) A person
shall not throw any sawdust, or allow any sawdust to fall, into said pond or any inlet
thereof 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 or any inlet
thereof or tributary thereto;
(6) A person shall not throw, deposit, or allow
to remain upon the ice of the waters of said pond or of any inlet thereof or
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.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.18 Protection of the Purity of
Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed.
(a) The purpose of this section is to protect the purity of the water
of Woodward Pond, Roaring Brook, and Babbidge Reservoir, which constitute the
principal drinking water supply for the city of Keene.
(b)
This section shall apply within the Woodward Pond, Roaring Brook, and
Babbidge Reservoir watershed above the dam that is located at approximate
latitude 42° 56' 02", longitude 72° 13' 15", in the towns of:
(1) Harrisville;
(2) Marlborough;
(3) Nelson; and
(4) Roxbury.
(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 RSA 485:24, the health officers and the boards of health of the towns of
Harrisville, Marlborough, Nelson, and Roxbury and their duly authorized agents,
and the city council of the city of Keene 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 provision that is
more protective of the surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. The provisions of this section shall not
apply to employees of the city of Keene engaged in the performance of necessary
duties for the protection and control of said waters.
(g)
In addition to any prohibitions adopted by local ordinance, the
prohibitions that apply in the Woodward Pond, Roaring Brook, and Babbidge
Reservoir watershed described in (b) above, shall be as follows:
(1) A person shall not build, continue, or
maintain any buildings or structures of any kind in which humans reside or in
which animals or fowl are kept within 75 feet of the high
water mark of Woodward Pond, Roaring Brook, or Babbidge Reservoir or any
inlet thereof or tributary thereto;
(2) A person shall not allow any wastes or water
that has been used for washing or cleansing of materials, persons, or food to
run into said pond, brook, or reservoir or any inlet thereof or tributary thereto;
(3) A person shall not throw or deposit any dead
animal or fish or parts thereof, food, perishable or decayable material,
manure, or human wastes into said pond, brook, or reservoir or any inlet
thereof or tributary thereto, or leave or allow any such materials to remain on
the surface of the ground where there is any likelihood of wash or
contamination therefrom reaching said pond, brook or reservoir or any inlet thereof
or tributary thereto;
(4) A person shall not throw any sawdust, or
allow any sawdust to fall, into said pond, brook, or reservoir or any inlet
thereof or tributary thereto;
(5) A person shall not boat, bathe, swim, trap,
fish, hunt, camp, park trailers, or carry on any activity of a recreational or
other nature, including but not limited to lumber operations, in or near the
waters of said pond, brook, or reservoir and above the reservoir dams, any
tributary thereto; and
(6) A person shall not throw, deposit, or allow
to remain upon the ice of the waters of said pond, brook, or reservoir or any
inlet thereof or tributary thereto, any matter, waste, or materials such as are
described in (2), (3), and (4) above.
(h)
The city of Keene shall post a summary of the prohibitions contained in
(g) above, at all public access locations where persons might reasonably be
expected to access Woodward Pond, Roaring Brook, Babbidge Reservoir
and their tributaries. This posted
summary may also contain any prohibitions
enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.19 Protection of the Purity of
Lake Winnipesaukee and Paugus Bay.
(a) The purpose of this section is to protect the
purity of the water of Lake Winnipesaukee and Paugus
Bay, which constitute the principal drinking water supply for the city of
Laconia.
(b) This section shall apply as specified in (g) and (h), below.
(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 RSA 485:24, the health officer, the board of health,
and the board of water commissioners of the city of Laconia and their duly
authorized agents 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. 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 or
bay.
(g)
A person shall not discharge any sewage, industrial waste, or other
wastes, as defined in RSA 485-A:2, into the waters, upon the ice, or upon the
shores of Lake Winnipesaukee or Paugus Bay except by
written permission of the department pursuant to RSA 485-A and then only in
accordance with such terms and conditions as may be prescribed by the
department.
(h) The prohibitions specified in (i) below shall apply within the area of Paugus
Bay starting at a point on the eastern shore of Paugus Bay,
where the northern point of the property identified on tax map 349,
street/block 220, lot 1 abuts the southerly end of the property identified on
tax map 346, street/block 220, lot 1, specifically where the granite post
resides in Paugus Bay; thence running in a westerly
direction toward a bound on the westerly side of Paugus
Bay at a point where the State of New Hampshire railroad bridge meets the shore
identified on tax map 345, street/block 195, lot 39; thence running northerly
along the shore to a point on the
westerly side of Paugus Bay known as Cass' Point, identified on tax map 328, street/block 6,
lot 22, specifically, where the 4-foot x 8-foot sign,
installed by the Laconia water works, reads:
"RESTRICTED AREA - WATER SUPPLY", thence running in an
easterly direction in an imaginary line across Paugus
Bay to a point where the southerly end of the property identified on tax map
324, street/block 220, lot 3 abuts the northern point of the property
identified on tax map 324, street/block 220, lot 2, marked by a rebar in the
water; then running in a southerly direction along the shore of Paugus Bay to the point of beginning.
(i) Within the area
described in (h) above, a person shall not:
(1) Wash boats,
bathe, swim, water ski, or have any body contact with the water;
(2) Construct
any docking facilities for boats or buildings along the shore, except with a specific
permit of the Laconia water works and appropriate state agencies; or
(3) Fish from a
bob house located upon the ice of Paugus Bay.
(j) The area described in (h) above, shall be
used for navigational purposes only.
(k) The city of Laconia shall post a summary of
the prohibitions contained in (g), (i), and (j)
above, at all locations where persons might reasonably be expected to access Paugus Bay or its tributaries. This posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.20 Protection of the Purity of
Garland Brook and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Garland Brook, which is the principal drinking water supply for the town of
Lancaster.
(b)
This section shall apply within the Garland Brook watershed above the
dam that is located at approximate latitude 44° 28'
6 ", longitude 71° 27' 47", in the towns of:
(1) Jefferson;
(2) Kilkenney; and
(3) Lancaster.
(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 RSA 485:24, the health officers of the towns of
Jefferson, Kilkenney, and Lancaster and their duly authorized
agents, and the board of water commissioners of the town of Lancaster 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. 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 stream.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Garland Brook 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 the high water mark of said
brook or any inlet thereof or tributary thereto;
(2) A person
shall not run any sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food into said brook or any inlet thereof or tributary
thereto, or into any excavation or cesspool in the ground or on the surface of
any ground within 75 feet of the high water mark of
said brook
or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said brook or any inlet thereof or tributary thereto, or leave or
allow any such materials to remain within 75 feet of the high
water mark of said brook or any inlet thereof or tributary thereto;
(4) A person
shall not deposit any sawdust, shavings, apple pomace, or waste from mills or
factories, or allow any such wastes to fall into, said brook or any inlet thereof or tributary
thereto, or upon their banks so near as to be reachable by the high water level;
(5) A person
shall not bathe in said brook;
(6) A person
shall not fish on or in said brook;
(7) A person
shall not permit any of the structures or conditions described in (1), (2),
(3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the
water thereby shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered;
(8) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
brook
or any inlet thereof or tributary thereto, any matter, waste, or materials such
as are described in (2), (3), and (4), above; and
(9) A person
shall not use any seaplanes on the Garland Brook watershed.
(h) The town of Lancaster shall post a summary of
the prohibitions contained in (g) above, at all public access locations
where persons might reasonably be expected to access Garland Brook or its tributaries. This posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.21 Protection
of the Purity of the Water of the North Branch of the Gale River.
(a) The purpose of this section is to protect the
purity of the
water of the North Branch of the Gale River, the principal drinking water
supply for the town of Littleton and a portion of the town of Bethlehem.
(b)
This section shall apply within the North Branch of the Gale River
watershed above the North Branch dam, which is located at approximate latitude
44° 14' 17", longitude 71° 37' 13", in
the town of Bethlehem.
(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) Land within the North Branch of the Gale
River watershed which is within the U.S. National Forest system shall be subject to the
terms of the “Memorandum of Understanding” originally dated May 6, 1993 entered into by the U.S. Department of
Agriculture, Forest Service, and Littleton Water and Light.
(e) In addition to any prohibitions adopted by
local ordinance, the prohibitions and restrictions for the North Branch of the
Gale River watershed shall be as follows:
(1) A person
shall not place, leave, or cause to be placed or left, in
or within 200 feet of the North Branch of the Gale River or adjacent wetlands,
any substance or fluid that may cause the water thereof to become impure or
unfit for domestic supply;
(2) A person
shall not deposit any human waste or manure or other animal waste on the water,
ice,
or land adjacent to the North Branch of the Gale River or adjacent wetlands;
(3) A person
shall not swim, wade, or engage in similar water contact activities above the
intake of the North Branch of the Gale River on land owned by the town of Littleton;
(4) A person
shall not leave any garbage, refuse, or trash of any kind brought from home,
camp, or place of business on town-owned property within the area described in
(b) above;
(5) A person
shall not break bottles or deposit any refuse or wastes of any description into
the North Branch of the Gale River or adjacent wetlands;
(6) A person
shall kindle or maintain only charcoal fires or portable propane grills within
75 feet of the Gale River or adjacent wetlands;
(7) A person
shall keep dogs and other pets on a leash while adjacent to the shoreline,
shall not leave pets unattended, and shall not permit pets in the water within
the area described in (b) above;
(8) A person
shall not ride horseback along the shoreline within the area described in (b) above;
(9) Within the area
described in (b), above, a person shall park motor vehicles only in
designated parking areas; and
(10) A person
shall not use highway motor vehicles on the waters or ice of the North Branch
of the Gale River or adjacent wetlands.
(f) A complete set of the North Branch of the
Gale River or adjacent wetland rules shall be available and on file at the
Littleton Water and Light office in Littleton.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.22 RESERVED
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Env-Dw 902.23 Protection of the Purity of the Water of
Lake Massabesic and Its Tributaries.
(a) The purpose of
this section
is to protect the purity of the water of Lake Massabesic, which is the
principal drinking water supply for the city of Manchester and portions of the
towns of:
(1) Atkinson
(2) Auburn;
(3) Bedford:
(4) Derry;
(5) Goffstown;
(6) Hampstead;
(7) Hooksett;
(8) Litchfield;
(9) Londonderry;
(10) Manchester;
(11) Plaistow;
(12) Salem; and
(13) Windham.
(b) This section
shall apply within the Lake Massabesic watershed which lies above the
Massabesic dam, located at approximate latitude 42° 57'
48", longitude 71° 23' 43,
in the following municipalities:
(1) Auburn;
(2) Candia;
(3) Chester;
(4) Hooksett; and
(5) Manchester.
(c) The following
terms as used in this section shall be defined as follows:
(1) “Board of water commissioners” means the
governing body of the Manchester water works;
(2) “Motor vehicle” means “motor vehicle” as
defined in RSA 259:60;
(3) “Off highway recreational vehicle (OHRV)” means “off
highway recreational vehicle”, as defined in RSA 215-A:1, VI;
(4) “Person” means “person” as defined in RSA 485-A:2, IX;
and
(5) “Snowmobile” means “snowmobile” as defined in
RSA 215-A:1, XIII.
(d)
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.
(e) In accordance with RSA 485:24, the health officers and the boards of health of the city of Manchester
and the towns of Auburn, Candia, Chester, and Hooksett and their duly
authorized agents, and the board of water commissioners and its duly
authorized agents, may act as agents of the department for the
enforcement of this section in cooperation with the department.
(f) Under RSA 485:24,
II, the board of water
commissioners and its representatives may enter at reasonable times any land or
property within the Lake Massabesic watershed for the purpose of investigating
watershed sanitation and other sources of potential water contamination.
(g) Where any
provision of this section is in conflict with local
ordinances, the provision that is more
protective of the surface water shall apply.
(h) Waivers and
exemptions to this section shall apply as follows:
(1) Any person may request from the department a
waiver from the provisions of this section in accordance with Env-Dw 902.05;
and
(2) Employees of the board of water commissioners
engaged in the performance of necessary duties for the protection and control of
Lake Massabesic, its tributaries, and its watershed shall be exempt from the
provisions of this section.
(i) The Manchester Water Works shall post a
summary of the information contained in (d) above, and the prohibitions and
restrictions contained in (l), (m), (o) through (q), (s), and (t), below, in
locations where persons might reasonably be expected to access Manchester Water
Works’ property or Lake Massabesic or its tributaries. The posted summary may also contain any other
prohibitions contained in this section and any prohibitions or restrictions
enacted by local ordinance.
(j) Within 200 feet of Lake Massabesic or any
pond, reservoir, or stream tributary thereto, a person shall not build any
privy, pigpen, stable, or other buildings or structures in which horses,
cattle, swine, or other animals or fowl are kept.
(k) Within 200 feet of Lake Massabesic or Tower
Hill Pond, the following provisions shall apply:
(1) A person shall not build any privy, toilet,
sink drain, or subsurface septic disposal system or allow any discharges
therefrom, except as provided by (2), below;
(2) Existing properly functioning septic systems
may remain in place; and
(3) If failure of an existing septic system
occurs, the owner shall repair or replace said system in accordance with Env-Wq 1003.10.
(l) With the
exception of operating an outboard motor, on or within 200 feet of the waters
or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto,
a person shall not:
(1) Deposit any dead animal or parts thereof,
food, perishable or decayable material, kitchen waste, swill, garbage, or human
waste;
(2) Deposit any hazardous waste, as defined in
RSA 147-A:2, VII, such as solid, semi-solid, liquid, or contained gaseous
waste, or any combination of wastes which possess a threat to human health or
the environment;
(3) Deposit solid waste such as refuse,
appliances, auto parts, tires, tree stumps, or similar waste; or
(4) Deposit manure, fertilizer, or chemical waste
such as gasoline, paint, or similar waste.
(m) On or within the
water or ice of Lake Massabesic or any pond, reservoir, or stream tributary
thereto the following prohibitions and restrictions shall apply:
(1) A person shall not bathe, wade, swim, water
ski, or perform any similar water contact activity;
(2) A person shall not use a sunfish, sailfish,
sail board, ski craft as defined in RSA 270:73, V, or other craft which in the
judgment of the board of water commissioners or its representatives makes
extensive bodily contact with the water unavoidable;
(3) A person shall not discharge from or off a
vessel, cruiser, boat, houseboat, wharf,
or from a structure of any kind or any tank or receptacle thereon or
therein contained, any excrement, urine, or waste;
(4) All boats or structures of any kind that are
equipped with toilet, lavatory, or other sewage or waste producing fixtures
shall be provided with water-tight tanks or receptacles for the reception and
temporary storage of such wastes;
(5) The aforementioned tanks or receptacles shall
be maintained as required in RSA 487:2 and the contents thereof shall be
disposed of in a municipal sewage system or to any adequate sewage disposal
system on shore;
(6) A person shall not tie, beach, or ground an
occupied vessel, cruiser, boat, houseboat, bob-house, or structure of any kind
to the water or ice, or tie to the shore for an overnight period or any part of
an overnight period, except as permitted by Manchester Water Works pursuant to
(t)(4) or (t)(5), below;
(7) An unoccupied vessel, cruiser, boat,
houseboat, or structure of any kind may be anchored or grounded to said waters
or ice only by permission of the board of water commissioners pursuant to
(t)(4) or (t)(5), below or land owner, lessee, or
person otherwise in control of such location;
(8) A person shall not cut or take ice therefrom
except by permission and under the direction of the board of water
commissioners as provided for in RSA 485:54; and
(9) A person shall not use any aircraft.
(n) In the Lake
Massabesic watershed, the following prohibitions or restrictions shall apply:
(1) A person shall conduct all pesticide
applications in strict accordance with the rules of the New Hampshire pesticide
control board adopted pursuant to RSA 430;
(2) A person shall conduct all forestry or timber
harvesting activities in strict accordance with state of New Hampshire laws
including RSA 227-J and in consultation with the Manchester Water Works
forester, and
(3) A person shall handle any agricultural
compost, chemical fertilizer, or manure, as defined in RSA 431:33, in
accordance with best management practices published by the New Hampshire
department of agriculture, markets, and food in accordance with RSA 431:34.
(o) In or on
Manchester Water Works’ property or the waters or ice of Lake Massabesic or any
pond, reservoir, or stream tributary thereto, the following prohibitions or
restrictions shall apply:
(1) A person shall not operate an all-terrain
vehicle or other OHRV other than a snowmobile, and then only in non-restricted
areas at the operator’s own risk; and
(2) A person shall not break bottles or throw
trash of any description.
(p) The following
areas shall be closed to all human activity:
(1) The Back or West Pond of Lake Massabesic
north and west of the following described line beginning at Fire Point, then
due west to the Hillsborough-Rockingham county line,
then southerly by the said line, crossing Birch Island to the mainland as
marked by floats and signs; and
(2) The outlet of Lake Massabesic from the outlet
dam downstream to and including Mill Pond at Island Pond Road and the canal
carrying the water to the pumping station.
(q) On Manchester
Water Works’ property the following prohibitions and
restrictions shall apply:
(1) A person shall not enter upon or remain
between the hours of 8:00 p.m. and 8:00 a.m.;
(2) A person shall not place in or adjacent to
Manchester Water Works’ waste containers any garbage, refuse, or trash of any
kind brought from home, camp, or place of business;
(3) A person shall only use self-contained
charcoal type fires, as opposed to open flame fires and then only in the
designated public picnic area adjacent to the Route 28 Bypass;
(4) Any vehicle obstructing an emergency access
gate shall be subject to towing at owner’s expense;
(5) A person shall not enter restricted areas
that have been posted “NO TRESPASSING”; and
(6) A person shall obey in matters governed by
this section, all lawful requests made by representatives of the board of water
commissioners.
(r) Within 300 feet
of the waters or ice of Lake Massabesic or any pond, reservoir, or stream
tributary thereto, a person shall not allow the following as they relate to new
or modified construction other than repair or replacement in kind:
(1) Store liquid petroleum products, except for
normal residential use and heating fuels for on-premise
use;
(2) Store road salt or de-icing chemicals, except
for incidental residential use;
(3) Service, wash, or repair boats or motor vehicles,
except for emergency repairs;
(4) Operate a junk yard as defined in RSA
236:112, I, or a machinery junk yard as defined in RSA 236:112, III;
(5) Render impervious more than 10 percent of any
lot or 2500 square feet on any one lot, whichever is greater;
(6) Allow or cause to be discharged to the
surface or to groundwater any stormwater that has not been treated by permanent
methods for protecting water quality described in the rules adopted to
implement RSA 485-A:17;
(7) Store fertilizers, manure, or compost except
in compliance with best management practices as determined by the department of
agriculture, markets and food; or
(8) Store herbicides or pesticides in areas not
protected from the elements by a roof except where subject to rules adopted by
the department of agriculture, markets and food, division of pesticide control.
(s) In or on property
owned by Manchester Water Works or the water or ice of Lake Massabesic the
following prohibitions or restrictions shall apply:
(1) A person shall not tent or camp or use
overnight trailers, campers, or houseboats;
(2) The following provisions shall apply to dogs
and other pets:
a. A person shall control by leash all such pets;
b. A person shall not leave such pets unattended;
c. A person shall not permit such pets in the
water or on the beach; and
d. Pet owners shall be required to pick up and
properly dispose of their pets’ waste;
(3) A person shall not remove, damage, or deface any structure, sign, plant, tree, or natural feature;
and
(4) A person shall not feed ducks, geese,
seagulls, or other waterfowl.
(t) In or on the
water or ice of Lake Massabesic the following prohibitions or restrictions
shall apply:
(1) A person shall not operate a motor vehicle
other than a snowmobile;
(2) A person shall not race power boats or snowmobiles;
(3) A person shall not operate any power boat or
snowmobile at a rate of speed in excess of 35 miles per hour;
(4) A person shall not place moorings without a
mooring permit issued by the Manchester Water Works;
(5) A person shall not place a dock in Lake
Massabesic without a dock permit issued by the department and Manchester Water
Works; and
(6) The following provisions shall apply to boats
and trailers:
a. A person shall not allow a boat to remain
moored after November 30th of each year;
b. Manchester Water Works may remove any boat
moored after November 30th of each year at the owner’s expense;
c. A person shall remove and properly dispose of
all milfoil or other exotic aquatic plants from a boat, canoe, kayak, trailer or watercraft motor before launching and after
removing from the water; and
d. A person shall not enter areas marked
“Restricted Use Area” so designated in cooperation with the department pursuant
to RSA 487:17, II(d) to avoid the spread of invasive aquatic vegetation.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.24 Protection of the Purity of
the Water of Lake Waukewan and Its Watershed.
(a) The purpose of this section is to protect the
purity of the water of Lake Waukewan, which is the
principal drinking water supply for the town of Meredith.
(b) This rule shall apply within the Lake Waukewan watershed above the Lake Waukewan
dam, which is located at approximate latitude 43° 39' 26", longitude 71°
30' 02", in the towns of:
(1) Ashland;
(2) Center Harbor;
(3) Holderness;
(4) Meredith;
and
(5) New
Hampton.
(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 RSA 485:24, the health officers and the boards of health of the towns of Ashland,
Center Harbor, Holderness, Meredith, and New Hampton and their duly authorized
agents, and the board of selectmen of the town of Meredith 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 provision that is more
protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to
employees of the town of Meredith engaged in the performance of necessary duties
for the protection and control of said lake.
(g) Grandfathering of existing land uses shall be
subject to the following:
(1) Existing
uses as of June 14, 1993 may be continued by the
landowner, subject to any other rules which may limit the continuance of an
existing use;
(2) If a change
in use, including but not limited to a change from seasonal to year round use of property or structures, higher intensity
of use of campsites, or the addition of domestic farm animals, occurs or expansion
of an existing use is proposed, the rule requirements shall be met;
(3) Discontinuance
of a grandfathered use for 2 consecutive years shall result in termination of any and all grandfathered rights; and
(4) The intent
of these rules, to improve and maintain protection of Lake Waukewan,
shall be considered at all times.
(h) In addition to any prohibitions adopted by
local ordinance, the prohibitions and restrictions that apply in the Lake Waukewan watershed described in (b) above, shall be as
follows:
(1) A person
shall not build or maintain any pigpen, stable, or other building or structure
in which horses, cattle, swine, or other animals or fowl are kept within 200
feet of Lake Waukewan or adjacent wetlands;
(2) A person
shall not build or maintain any privy, toilet, sink drain, or subsurface septic
disposal system or discharges therefrom, within 125 feet of Lake Waukewan. Existing properly
functioning septic systems within 125 feet of the shoreline may remain in
place. If failure occurs, the repair or
replacement system shall be in accordance with Env-Wq
1003.10;
(3) A person
shall not deposit any dead animals or parts thereof, food, perishable or
decayable material, kitchen waste, swill, garbage, manure, or human wastes into
or upon said water or ice, or place any such materials in, upon, or within 200
feet of the waters or ice of Lake Waukewan or
adjacent wetlands;
(4) A person
shall prepare and follow an animal waste management plan to be approved by
the Belknap County Conservation District if any one property within 200
feet of Lake Waukewan or adjacent wetlands has more
than 5 adult livestock, 10 immature livestock, or 50 poultry;
(5) A person
shall not place any hazardous waste, as defined in RSA 147-A, VII, such as
solid, semi-solid, liquid, or contained gaseous waste, or any
combination of wastes which pose a threat to human health or the environment in
or within 200 feet of the water or ice of Lake Waukewan
or adjacent wetlands. State of New
Hampshire hazardous waste laws shall be strictly enforced;
(6) A person
shall not place any solid waste, as defined in RSA 149-M:4, XXII, in, upon, or
within 200 feet of the water or ice of Lake Waukewan
or any adjacent wetlands;
(7) A person
shall not place any chemical waste, such as, but not limited to gasoline,
paint, fertilizer or similar waste in, upon, or within 200 feet of the water or
ice of Lake Waukewan or adjacent wetlands;
(8) A person
shall conduct all pesticide applications made on land areas which contribute
surface water runoff either directly to Lake Waukewan
or indirectly by running into adjacent wetlands, in strict accordance with the
rules of the New Hampshire pesticide control board adopted pursuant to RSA 430;
(9) A person
shall not apply
fertilizer, manure, or compost on land areas which contribute surface
water runoff either directly or ultimately to Lake Waukewan
or adjacent wetlands, other than in strict conformance with Manual of Best Management
Practices for Agriculture in New Hampshire, revised July 2017, available at https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf, as noted in Appendix B;
(10) A person
shall perform all forestry or timber harvesting activities conducted within the
Lake Waukewan watershed in strict compliance with
state of New Hampshire rules adopted under RSA 227-J;
(11) A person
shall not wade, swim, water ski or perform any similar water contact
activities, within 400 feet of the intake of the Meredith water department;
(12) A person
shall not discharge from a vessel, cruiser, boat, houseboat, wharf, or
a structure of any kind, whether on or in the water or on the ice, or any tank
or receptacle thereon or therein contained, any excrement, urine, or
any waste, nor shall any such waste be left in, on, or within 200 feet of the
waters or ice of Lake Waukewan or adjacent
wetlands. All boats or structures of any
kind used on the water or on the ice that are equipped with toilet, lavatory,
or other waste fixtures shall be provided with water-tight tanks for the
temporary storage of such wastes. The
aforementioned tanks shall be maintained as required by RSA 487 and the
contents thereof shall be disposed of into a municipal sewerage system or any
approved sewage disposal system on shore;
(13) A person
shall not moor, anchor, or otherwise secure any occupied vessel, cruiser, boat,
or houseboat of any kind on or to the water or ice, or tied to the shore of
Lake Waukewan or adjacent wetlands for an overnight
period or any part of an overnight period;
(14) A person,
firm, or corporation shall not cut and take ice from Lake Waukewan
or adjacent wetlands except by permission of, and under the direction of the
appropriate board of selectmen as prescribed in RSA 485:54;
(15) A person
shall operate off-highway recreational vehicles on the water or ice of Lake Waukewan or adjacent wetlands or upon any land of the towns
within the watershed in strict compliance with the laws of the state of New
Hampshire, as described in RSA 215-A.
The use of any land belonging to any of the towns within the watershed
or any frozen or non-frozen surface of Lake Waukewan
or adjacent wetlands by the owner or operator of any OHRV shall be done at the
owner’s or operator’s own risk;
(16) A person shall
not use highway motor vehicles on the waters or ice of Lake Waukewan
or adjacent wetland except by written permission by the board of selectmen of
the town where each entrance or exit is to be made;
(17) Nothing in
these rules shall be construed to prevent access to Lake Waukewan
for fishing purposes, so long as the intent of the rules is observed;
(18) A person
shall not place any garbage, refuse, or trash
of any kind brought from home, camp, or place of business in or near public
waste containers. Refuse resulting from
picnicking on or adjacent to the Lake Waukewan or
adjacent wetlands shall be deposited in approved containers;
(19) A person
shall not break bottles or deposit refuse or wastes of any description into
Lake Waukewan or adjacent wetlands;
(20) A person
shall kindle or maintain only charcoal fires or portable propane grills within
75 feet of the Lake or adjacent wetlands;
(21) A person
shall keep dogs and other pets on a leash while adjacent to the shoreline,
shall not leave pets unattended, and shall not permit pets in the water within
the area described in (b) above;
(22) A person
shall not ride horse-back along the shoreline within the area described in (b)
above; and
(23) A person
shall not tent, camp, or use recreational vehicles overnight, or use trailers
and campers within 125 feet of Lake Waukewan or
adjacent wetland.
(i) The town of
Meredith shall post a summary of the prohibitions contained in (h),
above, at all public access locations where persons might reasonably be
expected to access Lake Waukewan or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance. A complete set of these rules shall be
available and on file at the Center Harbor, Meredith, and New Hampton town
clerk's offices.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.25 Protection of the Purity of Pennichuck Brook and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of the Pennichuck Brook pond system, which is the
principal drinking water supply source for the city of Nashua and an important
water supply source for other municipalities in the region receiving water from
the Pennichuck Water Works system.
(b)
This section shall apply within the Pennichuck
Brook watershed above the Supply Pond dam, which is located at approximate
latitude 42° 47' 30", longitude 71° 28' 29",
in:
(1) The town of
Amherst;
(2) The town of
Hollis;
(3) The town of
Merrimack;
(4) The town of
Milford; and
(5) The city of
Nashua.
(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 RSA 485:24, the health officers and the boards of health of the city of Nashua and
the towns of Amherst, Hollis, Merrimack, and Milford 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 provision that is more
protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to
employees of Pennichuck Water Works engaged in the performance
of necessary duties for the protection and control of said stream and ponds.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Pennichuck
Brook 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 the high water mark
of any of the above-named waters, or within 75 feet of any inlet thereof or
tributary thereto;
(2) A person
shall not allow any sink-water, urine, or water that has been used for washing
or cleansing materials, persons or food to run into said ponds or brooks or any
inlet thereof or tributary thereto, or into any excavation or cesspool in the
ground or onto the surface of any ground within 75 feet of the high water mark of said pond or brook or any inlet thereof
or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said ponds or brook or any inlet thereof or tributary thereto,
or leave or allow any such materials to remain within 75 feet of the high water mark of said ponds or brook or any inlet thereof
or tributary thereto;
(4) A person
shall not construct any of the structures or carry any of the conditions
described in (1), (2), or (3) above, even though beyond the minimum of 75 feet,
if the purity of the water thereby is endangered as determined by the
department in accordance with Env-Dw 902.04;
(5) A person
shall not throw any sawdust or other waste from the cutting of timber, or allow
any such waste to fall into, said ponds or brook or any inlet thereof or
tributary thereto;
(6) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
ponds or brook or any inlet thereof or tributary thereto, any matter, waste or materials such as are described in (2), (3), and
(5) above; and
(7) A person
shall not bathe or swim in said ponds or brook.
(h) Pennichuck Water
Works shall post a summary of the prohibitions contained in (g), above,
at all public access locations where persons might reasonably be expected to
access Pennichuck Brook or its tributaries. This posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.26 Protection
of the Purity of Mountain Pond, Gordon Hill Reservoir and Their Watershed.
(a) The purpose of this section is to protect the
purity of the water of Gordon Hill Reservoir, which is the principal drinking water supply
source for the New Hampton Village Precinct.
(b) This section shall apply within the Mountain
Pond/Gordon Hill Reservoir watershed above the dam that is located at
approximate latitude 43° 35' 55", longitude 71° 38' 21", in the towns
of:
(1) Meredith;
(2) New
Hampton; and
(3) Sanbornton.
(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 RSA 485:24, the board of
water commissioners of New Hampton Village Precinct and its duly authorized
agents,
and
the health officers and the boards of health of the towns of New Hampton,
Meredith and Sanbornton 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 provision that is more
protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees
of the New Hampton Village Precinct engaged in the performance of necessary
duties for the protection and control of Mountain Pond or Gordon Hill
Reservoir.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Mountain Pond and Gordon
Hill Reservoir watershed described in (b) above, shall be as follows:
(1) A person
shall not build, continue, or maintain any building or structure in which
animals or fowl are kept within 75 feet of Mountain Pond, Gordon Hill
Reservoir, or the connecting brook between said pond and reservoir, or within
75 feet of any inlet thereof or tributary thereto;
(2) A person shall not allow any wastes or waters
that have been used for washing or cleaning materials, persons or food to run
into said pond or reservoir or any inlet thereof or tributary thereto;
(3) A person shall not throw or deposit any dead
animal or fish or parts thereof, food, perishable or decayable material,
manure, or human waste into said pond or reservoir or any inlet thereof or
tributary thereto, or leave or allow any such material to remain on the surface
of the ground within 75 feet of said pond or reservoir or any inlet thereof or
tributary thereto;
(4) A person shall not throw any sawdust or allow
any sawdust to fall into said pond or reservoir or any inlet thereof or
tributary thereto;
(5) A person shall not trespass, boat, bathe,
swim, fish, or carry on any activity whatever, whether of recreational,
occupational, or other nature, in the waters or on the ice of Mountain Pond,
Gordon Hill reservoir and the connecting brook between said pond and reservoir;
and
(6) A person shall not throw, deposit, or allow
to remain upon the ice of said pond or reservoir or upon the ice of any inlet
thereof or tributary thereto, any matter, waste, or materials such as are
described in (2), (3), and (4) above.
(h)
The New Hampton 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 Mountain Pond or Gordon Hill
Reservoir or their tributaries. This
posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.27 Protection
of the Purity of Follett Brook and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Follett Brook, which is a principal drinking water supply for the town of
Newmarket.
(b)
This section shall apply within the Follett Brook watershed above the
dam that is located at approximate latitude 43° 04' 57", longitude 70° 56' 55", in
the towns of:
(1) Durham;
(2) Lee; and
(3) Newmarket.
(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 RSA 485:24, the health officers
and the boards of health of the towns of Durham, Lee, and Newmarket and their
duly authorized agents, and the board of water commissioners of the town of
Newmarket 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 brook.
(g)
In addition to any prohibitions adopted by local ordinance, the
prohibitions that apply in the Follett Brook 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 the high water mark of said
brook or any tributary thereto;
(2) A person
shall not allow any sink water, urine, or water that has been used for washing
or cleansing materials, persons, or food to run into said brook or
any tributary thereto, or into any excavation or cesspool in the ground or on
the surface of any ground within 75 feet of the high water
mark of said brook or any tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said brook or any tributary thereto, or leave or allow any such
materials to remain within 75 feet of the high water
mark of said brook or any tributary thereto;
(4) A person
shall not deposit any sawdust, shavings, apple pomace, or waste from mills or
factories, or allow any such wastes to fall into, said brook or any tributary thereto, or upon
their banks so near as to be reachable by high water;
(5) A person
shall not bathe in said brook;
(6) A person
shall not fish in
said brook;
(7) A person
shall not construct any of the structures or carry out any of the conditions
described in (1), (2), (3), and (4) above, beyond the minimum limit of 75 feet,
if the purity of the water thereby shall be deemed endangered by the department
in accordance with Env-Dw 902.04;
(8) A person shall
not throw, deposit, or allow to remain upon the ice of the waters of said brook or
any tributary thereto, any matter, waste, or materials such as are described in
(2), (3), and (4) above; and
(9) A person
shall not use a seaplane on said brook.
(h) The town of Newmarket shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access Follett Brook or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.28 Protection
of the Purity of the Water of Gilman Pond and Its Watershed in the Town of
Unity.
(a)
The purpose of this section is to protect the purity of the water of
Gilman Pond, which is the principal drinking water supply for the town of
Newport.
(b) This section shall apply within the Gilman
Pond watershed above the dam that is located at approximate latitude 43° 17' 39",
longitude 72° 12' 03", in the town of Unity.
(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 RSA 485:24, the health officers and the boards of health of the towns of Unity and
Newport and their duly authorized agents, and the board of water commissioners of
the town of Newport 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 provision that is
more protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Dw
902.05. 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 and restrictions that apply in the Gilman Pond watershed described
in (b) above, shall be as follows:
(1) A person shall not build or maintain any
privy, pig pen, stable, or other building or structure in which horses, cattle,
swine, or other animals or fowl are kept within 200 feet of the high water mark of Gilman Pond or any inlet thereof;
(2) A person shall not allow any sink water,
urine, or water that has been used for washing or cleansing materials, persons,
or food to run into Gilman Pond or any inlet thereof, or into any excavation or
cesspool in the ground or on the surface of any ground within 200 feet of the high water mark of Gilman Pond or of any inlet thereof;
(3) A person shall not throw or deposit any dead
animal or fish or parts thereof, food, perishable or decayable material, manure,
human wastes, kitchen waste, swill, or garbage into Gilman Pond or any inlet
thereof, or leave or allow any such materials to remain within 200 feet of the high water mark of Gilman Pond or any inlet thereof;
(4) A person shall not throw, deposit, or allow
to remain upon the ice of the waters of Gilman Pond, or any inlet thereof, any
matter, waste, or materials such as described in (2) or (3) above;
(5) A person shall not drive, ride, or race any
cattle, horses, or other animals used for teaming, riding, or racing on the ice
of Gilman Pond;
(6) A person shall not build or maintain any
privy, toilet, sink drain, or subsurface septic disposal system or discharges
therefrom within 200 feet of Gilman Pond or any inlet thereof. Existing properly functioning septic systems
within 200 feet of the shoreline may, at the owners’ discretion, remain in
place. If failure occurs, the repair or
replacement shall be carried out in accordance with Env-Wq
1003.10 with adherence to the 200 foot setback in this
subparagraph;
(7) A person shall not place or leave any
hazardous waste as defined in RSA 147-A,
VII or Env-Hw 100 through Env-Hw 1100, or any combination of wastes which pose a threat
to human health or the environment, in, on or near the waters or ice of Gilman
Pond or any inlet thereof or tributary thereto;
(8) A person shall not place or leave any solid
waste, as defined in RSA 149-M:4, XXII, including but not limited to refuse,
appliances, auto parts, tires, and tree stumps, in, on, or near the water or ice
of Gilman Pond or any inlet thereof or tributary thereto;
(9) A person shall not place any chemical waste,
such as gasoline, paint, fertilizers, or similar waste, into, on or upon the
water or ice, or within 200 feet of Gilman Pond or any inlet thereof or
tributary thereto;
(l0) A person shall conduct all pesticide applications
made on that land area which contributes surface water runoff either directly
into Gilman Pond or indirectly by running into any stream tributary thereof, in
strict accordance with the rules of the New Hampshire pesticide control board
adopted pursuant to RSA 430;
(11) A person shall perform all forestry or timber
harvesting activities conducted in the Gilman Pond watershed, in strict
accordance with state of New Hampshire laws including RSA 227-J, and in
consultation with the town of Newport;
(12) A person shall not bathe, wade, swim,
water-ski, or perform any other water contact activity in Gilman Pond or any
inlet thereof or tributary thereto;
(13) A person shall not discharge off or from a
vessel, cruiser, boat, houseboat, or wharf, or from a structure of any kind
whether on the water or on the ice, or from any tank or receptacle thereon or
therein contained, any excrement or urine, nor shall a person leave any such waste
in, on, or near the waters or ice of Gilman Pond or any inlet thereof or
tributary thereto;
(14) A person shall not tie, beach, or ground any
occupied vessel, cruiser, boat, houseboat, or structure of any kind to the
water, ice, or shore of Gilman Pond or any inlet thereof or tributary thereto
for an overnight period;
(15) A person, firm, or corporation shall not cut
or take ice from Gilman Pond or any inlet thereof or tributary thereto;
(16) A person shall not use or operate any
off-highway recreational vehicle (OHRV), as defined in RSA 215-A:1, VI, on the
water or ice of Gilman Pond or any inlet thereof or tributary thereto, or on
any land around Gilman Pond, without the express written permission of the
board of selectmen of the town where entrance or exit is to be made;
(17) A person shall not use any aircraft on the
waters or ice of Gilman Pond or any inlet thereof or tributary thereto; and
(18) A person shall not boat or fish in Gilman
Pond or any inlet thereof or tributary thereto.
(h)
The town of Newport shall post a summary of the prohibitions contained
in (g) above,
at all public access locations where persons might reasonably be
expected to access Gilman Pond or its tributaries. This posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.29 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
that 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 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05. 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 the high water mark of Berry
Pond or any inlet thereof or tributary thereto;
(2) A person shall
not allow any sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food to run into said pond or any inlet
thereof or tributary thereto, or into any excavation or cesspool in the ground
or on the surface of any ground within 75 feet of the high
water mark of said pond, or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage into said pond or any inlet thereof or tributary thereto, or leave
or allow any such materials to remain within 75 feet of the high
water mark of said pond or any inlet thereof or tributary thereto;
(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-Dw 902.04;
(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 any
inlet thereof or tributary thereto;
(7) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
pond or any inlet thereof or 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.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.30 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 that is located at approximate latitude 43° 10' 49", longitude 70° 56' 55", in the towns of:
(1) Barrington;
(2) Dover; and
(3) Madbury.
(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 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 provision that is
more protective of the surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. 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 the high
water elevation of Bellamy Reservoir, as defined by the existing spillway elevation
of 136.0 feet, or within 75 feet of any inlet thereof or tributary
thereto;
(2) A person
shall not discharge any sewage or other waste, as defined in RSA 485-A:2, X,
treated or otherwise, into said reservoir or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, perishable
or decayable material, manure, or human wastes into said reservoir or any inlet
thereof or tributary thereto, or leave or allow any such materials to remain on
the surface of the ground within 75 feet of said reservoir or any inlet thereof
or tributary thereto;
(4) A person
shall not bathe or swim in said reservoir or any inlet thereof 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 or any inlet thereof;
(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, shall be 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 thereof or tributary thereto, any sewage
or other waste as defined in RSA 485-A:2; 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
snowmobile as defined in RSA215-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.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw
902.31 Protection of the Purity of
Round Pond and Rochester Reservoir and Their Watershed.
(a) The purpose of this section is to protect the purity of the waters
of Round Pond and the Rochester Reservoir, which are principal drinking water
supplies for the city of Rochester.
(b)
This section shall apply within the Round Pond and the Rochester
Reservoir watershed above the dam that is located at approximate latitude 43°
17' 18", longitude 71° 02' 33", in the:
(1) City of Rochester; and
(2) Town of Barrington.
(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 RSA 485:24, the health officers and the boards of health of the city of Rochester
and town of Barrington and their duly authorized agents, and the board of water
commissioners of the city of Rochester 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05 and the city of Rochester. 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 or reservoir.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Round Pond and Rochester
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 Round Pond or Rochester
Reservoir upstream of the water works intake structure, or within 75 feet of
any inlet thereof or tributary thereto;
(2) A person
shall not allow any wastes or waters that have been used for washing or
cleansing materials, persons, or food, to run into said pond or reservoir
or any inlet thereof or tributary thereto;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, or human wastes into said pond or reservoir or any
inlet thereof or tributary thereto, nor shall a person allow any such
materials to remain on the surface of the ground within 75 feet of said pond or
reservoir or any inlet thereof or tributary thereto;
(4) A person
shall not throw any sawdust, or allow any sawdust to fall, into said pond or reservoir
or into any inlet thereof or tributary thereto;
(5) A person
shall not boat, bathe, swim, fish, or carry on any activity of a recreational
nature in or on the waters of Round Pond or Rochester Reservoir or any inlet
thereof or tributary thereto;
(6) A person
shall not throw, deposit, or allow to remain upon the ice of the waters of said
pond or
reservoir, or upon that of any inlet thereof or tributary thereto, any matter, waste, or
materials such as are described in (2), (3), and (4) above; and
(7) A person
shall not use any seaplane on said pond or reservoir.
(h) The city of Rochester shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access the Round Pond and the Rochester
Reservoir or its tributaries. This
posted summary may also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.32 Protection
of the Berry's River and Its Watershed.
(a)
The purpose of this section is to protect the purity of the water of Berry's River and its
watershed, which are a principal drinking water supply for the City of
Rochester.
(b) This section shall apply within the Berry's
River watershed above the diversion dam that is located at approximate latitude
43° 17' 16", longitude 71° 03' 44", in the:
(1) Town
of Barrington;
(2) Town
of Farmington;
(3) Town
of Strafford; and
(4) City
of Rochester.
(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 RSA 485:24, the health officers and the boards of health of the towns of
Barrington, Farmington, and Strafford and the city of Rochester and their duly
authorized agents, and the board of water commissioners of the city of
Rochester 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 provision that is
more protective of the surface water shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Dw
902.05. 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 river.
(g)
In addition to any prohibitions adopted by local ordinance, the
prohibitions that apply in the Berry’s River 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 Berry's River upstream of the water works intake
structure or within 75 feet of any inlet thereof or tributary thereto;
(2) A person shall not run any wastes or waters
that have been used for washing or cleansing materials, person or food, into
said river or any inlet thereof or tributary thereto;
(3) A person shall not throw or deposit any dead
animal or fish or parts thereof, food, perishable or decayable material,
manure, or human wastes into said river or any inlet thereof or tributary
thereto, or leave or allow any such materials to remain on the surface of the
ground within 75 feet of said river or any inlet thereof or tributary thereto;
(4) A person shall not throw any sawdust or allow
any sawdust to fall into said river or into any inlet thereof or tributary thereto;
(5) A person shall not boat, bathe, swim, fish,
or carry on any other activity of a recreational nature in or on the waters of
Berry’s River and its tributaries above the intake structure for the Rochester
Water Works;
(6) A person shall not throw or deposit or allow
to remain upon the ice of the waters of said river, or upon that of any inlet
thereof or 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 said
river.
(h)
The city of Rochester 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's River or its tributaries. This posted summary may also contain any
prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.33 Protection
of the Purity of the Water of Canobie Lake and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Canobie Lake, which is the principal drinking water supply for the town of
Salem.
(b)
This section shall apply within the Canobie Lake watershed above the dam
that is located at approximate latitude 42°
47'
30", longitude 71° 15' 04", in the towns of:
(1) Salem; and
(2) Windham.
(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 RSA 485:24, the health officers
and the boards of health of the towns of Salem and Windham and their duly
authorized agents, and the board of water commissioners of the town of Salem
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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department in accordance with Env-Dw 902.05. 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 and restrictions that apply in the Canobie 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
livestock
or fowl are kept within 75 feet of the high water mark of Canobie Lake or any
inlet thereof;
(2) A person shall
not allow any sink water, urine, or water that has been used for washing or
cleansing materials, persons, or food, to run into said lake or any inlet
thereof, or into any excavation or cesspool in the ground or on the surface of
any ground within 75 feet of the high water mark of
said lake or any inlet thereof;
(3) A person
shall not throw or deposit any dead animal or fish or parts thereof, food,
perishable or decayable material, manure, human wastes, kitchen waste, swill,
or garbage, into said lake or any inlet thereof, or leave or allow any such
materials to remain within 75 feet of the high water
mark of said lake or any inlet thereof;
(4) A person
shall not bathe or swim or engage in other body-contact activities in said lake;
(5) Any boat used upon
said lake shall comply with RSA 487:1 through RSA 487:3 with respect
to the discharge of sewage or gray water;
(6) A person
shall not throw or deposit or allow to remain upon the ice of the waters of
said lake or any inlet thereof, any matter, waste, or materials such as are
described in (2) and (3) above; and
(7) A person
shall not use a seaplane on said lake.
(h) The town of Salem shall post a summary of the
prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access Canobie Lake or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.34 Protection
of the Purity of Lake Sunapee and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Lake Sunapee, which is the principal drinking water supply for the town of
Sunapee.
(b)
This section shall apply within the Lake Sunapee watershed above the dam
that is located at approximate latitude 43°
23'
08", longitude 72° 04' 53", in the towns of:
(1) Newbury;
(2) New London; and
(3) Sunapee.
(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 RSA 485:24, the health officers
and the boards of health of the towns of Newbury, New London, and Sunapee and
their duly authorized agents, and the board of water commissioners of the town
of Sunapee 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 provision that is more protective of the
surface water shall apply.
(f)
Any deviations from this section shall be by written consent of the
department, in accordance with Env-Dw 902.05. 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 and restrictions that apply in the Lake Sunapee 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 livestock
or fowls are kept within 75 feet of the high water mark of Lake Sunapee or any
inlet thereof or tributary thereto;
(2) A person
shall not allow any sink water, urine, or water that has been used for washing
or cleansing materials, persons, or food to run into said lake or any
inlet thereof or tributary thereto, or into any excavation or cesspool in the
ground or on the surface of any ground within 75 feet of the high
water mark of said lake or any inlet thereof or tributary thereto;
(3) With the
exception of using such materials as bait for fishing, a person shall not throw
or deposit any dead animal or fish or parts thereof, food, perishable or
decayable material, manure, human wastes, kitchen waste, swill, or garbage into
said lake or
any inlet thereof or tributary thereto, or leave or allow any such
wastes to remain within 75 feet of the high water mark of said lake or any
inlet thereof or tributary thereto;
(4) A person
shall not throw any sawdust, or allow any sawdust to fall, into said lake or any inlet
thereof or tributary thereto;
(5) Any boat used upon
said lake shall comply with RSA 487:1 through RSA 487:3 with respect to the discharge
of sewage or gray water;
(6) A person shall not
throw, deposit or allow to remain upon or in the
ice or
the waters of said lake or any inlet thereof or tributary thereto, any waste or
pollutants;
and
(7) A person shall not use
a seaplane in Sunapee Harbor north and west of a line from Russell Point
bearing south 45 degrees west to the opposite shore.
(h) The town of Sunapee shall post a summary of
the prohibitions contained in (g) above, at all public access locations where
persons might reasonably be expected to access Lake Sunapee and/or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.35 Protection
of the Purity of the Water of Fassett Brook Reservoir.
(a) The purpose of this section is to protect the
purity of the
water of Fassett Brook Reservoir, which is the
principal drinking water supply for the town of Troy.
(b)
This section shall apply within Fassett Brook
watershed above the reservoir dam that is located at approximate latitude 42° 50' 19", longitude 72° 08' 26", in the Town of Jaffrey.
(c)
In accordance with RSA 485:24, the health officer
and the board of health of the town of Jaffrey and their duly authorized
agents, and the board of water commissioners of the town of Troy and its duly
authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(d)
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.
(e)
Where any provision of this section is in conflict
with local ordinances, the provision that is more protective of the
surface water shall apply.
(f) A person shall not build, continue, or
maintain any livestock, stable or other building or structures in which
livestock are kept within 75 feet of the Fassett
Brook Reservoir or any tributary thereto without the written approval of the department,
in accordance with Env-Dw 902.05.
(g) A person shall not discharge any industrial
or domestic wastewater into the Fassett Brook
Reservoir or any tributary thereto.
(h) A person shall not throw or deposit any solid
waste material into the Fassett Brook Reservoir, or leave or allow such material to remain within
75 feet of the reservoir or any tributary thereto.
(i) A person shall not apply or store any
fertilizer, pesticides, gasoline, oil, or other hazardous chemicals or
materials within 75 feet of the Fassett Brook
Reservoir or any tributary thereto.
(j) A person shall not bathe in the Fassett Brook Reservoir.
(k) A person shall not fish in the Fassett Brook Reservoir.
(l) A person shall not boat in the Fassett Brook Reservoir.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Env-Dw 902.36 Protection
of the Purity of Upper Beech Pond and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Upper Beech Pond, which is the principal drinking water supply for the town
of Wolfeboro.
(b)
This section shall apply within the Upper Beech Pond watershed above the
outlet that is located at approximate latitude 43° 38'
35", longitude 71° 12' 33", in the towns of:
(1) Tuftonboro; and
(2) Wolfeboro.
(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 RSA 485:24, the health officers
and the boards of health of the towns of Tuftonboro and Wolfeboro and their
duly authorized agents, and the board of water commissioners of the town of
Wolfeboro 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 provision that is more protective of the
surface water shall apply.
(f) Any deviations from these rules shall be by
written consent of the department, in accordance with Env-Dw 902.05.
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 Upper Beech Pond watershed
described in (b) above, shall be as follows:
(1) No trespassing on town owned land around said
pond shall be allowed. This includes,
but shall not be limited to, hiking, camping, picnicking, horseback riding or
use of any off-highway recreational vehicles at any time; and
(2) No boating, fishing, swimming
or any use shall be allowed on or in the pond.
(h)
The town of Wolfeboro shall post a summary of the prohibitions contained
in (g), above, at all public
access locations where persons might reasonably be expected to access Upper Beech
Pond or its tributaries. This posted
summary may also contain any prohibitions enacted by local ordinance.
Source. (See Revision
Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21
Appendix A: Statutes Implemented
Rule
Section(s) |
State
Statute(s) Implemented |
|
|
Env-Dw
901.01-.04 |
RSA 485-C:1 |
Env-Dw
901.05 |
RSA 485-C:5, I |
Env-Dw
901.06 |
RSA 485-C:1-2 |
Env-Dw
901.07 |
RSA 485-C:5 |
Env-Dw
901.08 |
RSA 485-C:9, II & |
Env-Dw
901.09-.10 |
RSA 485-C:9, V(a) |
Env-Dw
901.11 |
RSA 485-C:9, IV |
Env-Dw
901.12 |
RSA 485-C:9 |
Env-Dw
901.13 |
RSA 485-C:9, VI |
Env-Dw
901.14 |
RSA 485-C:9, II(a) |
Env-Dw
901.15 |
RSA 485-C:9, |
Env-Dw
901.16 |
RSA 485-C:1 |
Env-Dw
901.17-.18 |
RSA 485-C:8, II |
Env-Dw
901.19 |
RSA 541-A:22, IV |
|
|
Env-Dw 902 (see below for
additional statute) |
RSA 485:23, RSA 485:24 |
Env-Dw 902.05 |
RSA 541-A:22, IV |
Appendix
B: Incorporated References
Rule Section(s) |
Title, Date |
Obtain at: |
Env-Dw 902.24(h)(9) |
Manual
of Best Management Practices for Agriculture in New Hampshire, July 2017 |
NH Dept.
of Agriculture, Markets, and Food 25 Capitol
St., PO Box 2042 Concord,
NH 03302-2042 Download
for free at: https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf |
Appendix C: Statutory
Definitions
RSA 147-A:2
(a) Which,
because of either quantity, concentration, or physical, chemical, or infectious
characteristics may:
(1) Cause or contribute to an increase in mortality or an increase in
irreversible or incapacitating reversible illness; or
(2) Pose a present or potential threat to human health or the environment when
improperly treated, stored, transported, disposed of
or otherwise mismanaged.
(b) Or which has
been identified as a hazardous waste by the department using the criteria
established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such
wastes include, but are not limited to, those which are reactive, toxic,
corrosive, ignitable, irritants, strong sensitizers or which generate pressure
through decomposition, heat or other means. Such wastes
do not include radioactive substances that are regulated by the Atomic Energy
Act of 1954, as amended, or household pharmaceutical wastes collected pursuant
to RSA 318-E.
RSA 149-M:4
XXII.
"Solid waste'' means any matter consisting of putrescible material,
refuse, residue from an air pollution control facility, and other discarded or
abandoned material. It includes solid, liquid, semisolid or contained gaseous
material resulting from industrial, commercial, mining, and agricultural
operations, and from community activities. For purposes of this chapter, it
does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved
materials in irrigation return flows; cut or uprooted tree stumps buried
on-site with local approval if required, provided that such burial locations
are not located within 75 feet of any drinking water supply; municipal and
industrial discharges which are point sources subject to permits under section
402 of the federal Water Pollution Control Act, as amended; source, special
nuclear or by-product material as defined by the Atomic Energy Act of 1954, as
amended; or septage or sludge as defined in RSA 485-A:2, IX-a and XI-a.
RSA 215-A:1
I-b. "All
terrain vehicle (ATV)'' means any motor-driven vehicle which is designed or adapted
for travel over surfaces other than maintained roads with one or more non-highway
tires, having capacity for passengers or other payloads, not to exceed unladen
dry weight of 1,000 pounds, and not to exceed 50 inches in width. For the
purposes of this chapter, all vehicles within this definition shall be
classified as off highway recreational vehicles.
VI. "Off
highway recreational vehicle'' means any mechanically propelled vehicle used
for pleasure or recreational purposes running on rubber tires, tracks, or
cushion of air and dependent on the ground or surface for travel, or other
unimproved terrain whether covered by ice or snow or not, where the operator
sits in or on the vehicle. All legally registered motorized vehicles when used
for off highway recreational purposes shall fall within the meaning of this
definition; provided that, when said motor vehicle is being used for
transportation purposes only, it shall be deemed that said motor vehicle is not
being used for recreational purposes. For purposes of this chapter "off
highway recreational vehicle'' shall be abbreviated as OHRV. OHRVs shall include
any pedaled vehicle equipped with a motor that is not included in the
definition of electric bicycle and utility terrain vehicles, but shall not include
snowmobiles as defined in RSA 215-C or electric bicycles as defined in RSA
259:27-a.
XIII.
"Snowmobile'' means any vehicle propelled by mechanical power that is
designed to travel over ice or snow supported in part by skis, tracks, or
cleats. Only vehicles that are no more than 54 inches in width and no more than
1200 pounds in weight shall be considered snowmobiles under this chapter.
Snowmobiles shall not include OHRVs.
RSA
236:112
I. "Junk
yard'' means a place used for storing and keeping, or storing and selling,
trading, or otherwise transferring old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked, dismantled, or
wrecked motor vehicles, or parts thereof, iron, steel, or other old or scrap
ferrous or nonferrous material. As used in this subdivision, the term includes,
but is not limited to, the following types of junk yards:
(a) Automotive recycling yards,
meaning a motor vehicle junk yard, as identified in subparagraph (c), the
primary purpose of which is to salvage multiple motor vehicle parts and
materials for recycling or reuse;
(b) Machinery junk yards, as defined in paragraph
(c) Motor vehicle junk yards,
meaning any place, not including the principal place of business of any motor
vehicle dealer registered with the director of motor vehicles under RSA 261:104
and controlled under RSA 236:126, where the following are stored or deposited
in a quantity equal in bulk to 2 or more motor vehicles:
(1) Motor
vehicles which are no longer intended or in condition for legal use according
to their original purpose including motor vehicles purchased for the purpose of
dismantling the vehicles for parts or for use of the metal for scrap; and/or
(2) Used
parts of motor vehicles or old iron, metal, glass, paper, cordage, or other
waste or discarded or secondhand material which has been a part, or intended to
be a part, of any motor vehicle.
RSA 259:60
"Motor vehicle''
shall mean:
I. Except where otherwise specified in this
title, any self-propelled vehicle not operated exclusively on stationary
tracks, including ski area vehicles;
II. As used in RSA 261:148 relative to
municipal permits for registration, includes all trailers and semi-trailers as
defined herein and travel trailers as determined by the commissioner of revenue
administration; however, snowmobiles as defined herein, mobile homes, house
trailers and mopeds shall not be so included;
IV. For
purposes of the road toll statutes, all vehicles, engines, machines, or
mechanical contrivances, except electric personal assistive mobility devices as
defined in RSA 269:1, which are propelled on the public highways by internal
combustion engines, electric motors, steam engines, or other alternate sources
of energy except human or animal power.
V. As used in
RSA 260:14, relative to motor vehicle records, vehicles described in paragraph
I and vessel as defined by RSA 270-E:2, XII.
RSA 270:2
IX. The term "seaplane'' means any
aircraft on floats or an amphibian aircraft with a hull and sponson, which is
capable of landing on land or water.
RSA 270:73, V
V. "Ski
craft'' means any motorized watercraft or private boat which is less than 13
feet in length as manufactured, is capable of exceeding a speed of 20 miles per
hour, and has the capacity to carry not more than the
operator and one other person while in operation. The term includes a jet ski,
surf ski, fun ski, or other similar device. "Ski craft'' does not include
any watercraft or boat with twin hulls and which is greater than 11 feet long,
greater than 5 feet wide, and powered by an outboard motor.
RSA 431:33
I.
"Agricultural compost'' means mixtures of decomposing organic matter, that
may include manure, stored and managed on farms and
used to condition and fertilize soils used for production of agricultural
crops.
II.
"Commercial fertilizer'' means any substance containing one or more
recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have
value in promoting plant growth, except unmanipulated animal and vegetable
manures, marl, lime, limestone, wood ashes, and other products exempted by rule
by the commissioner.
485-A:2
VI.
"Industrial waste'' means any liquid, gaseous or solid waste substance
resulting from any process of industry, manufacturing trade or business or from
development of any natural resources.
VIII.
"Other wastes'' means garbage, municipal refuse, decayed wood, sawdust,
shavings, bark, lime, ashes, offal, oil, tar, chemicals
and other substances other than sewage or industrial wastes, and any other
substance harmful to human, animal, fish or aquatic life.
IX.
"Person'' means any municipality, governmental subdivision, public or
private corporation, individual, partnership, or other entity.
X.
"Sewage'' means the water-carried waste products from buildings, public or
private, together with such groundwater infiltration and surface water as may
be present.
XVI.
"Waste'' means industrial waste and other wastes.