Current through Register No. 13, March 27, 2025
(a)
The purpose of this section is to protect the purity of the water of Penacook
Pond which is a principal drinking water supply for the city of
Concord.
(b) This section shall
apply within the Penacook Pond watershed above the outlet dam which 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 the provisions of
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 more stringent provision shall
apply.
(f) Any deviations from this
section shall be by written consent of the department in accordance with
Env-Ws
386.04. The provisions of this section shall not apply
to employees of the city of Concord or 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
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 Pond, meaning to include that part of the same sometimes
called Forge Pond, or stream, or tributary to said lake, bays, coves, or inlets
except upon the approval of the department in accordance with
Env-Ws
386.04;
(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 Pond, or within 200 feet of
any open water flowing as aforesaid into said pond unless suitable or adequate
provisions is made to prevent manure or other polluting matter from flowing or
being washed into said pond or such open water;
(3) A person shall not run sink drainage,
urine, or water that has been used for washing or cleansing either persons or
materials into said pond, or into any bay, cove, or inlet thereof, or into any
stream tributary thereto, or into any excavation or cesspool in the ground or
on the surface of any ground within 200 feet of any stream tributary
thereto;
(4) A person shall not
throw or deposit any dead animal, or fish or parts thereof or food, or any
article perishable or decayable or any excrement, either human or animal,
kitchen waste, swill, or garbage, into said pond or leave or permit any of the
above wastes to remain, within 200 feet of the high water mark thereof, or into
any bay, cove, or inlet of said lake, or into any stream tributary thereto, or
within 200 feet of such bay, inlet or stream;
(5) A person shall not allow any human
excrement to be kept in, or deposited or discharged into any cesspool, privy or
other receptacle situated within 200 feet of the high water mark of said pond,
or within 200 feet of any open waters which flow directly or ultimately into
said pond;
(6) A person shall not
throw sawdust, or allow sawdust to fall into said pond or into any stream
tributary thereto;
(7) A person
shall not bathe or swim in said pond, 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 pond;
(8) A person shall not throw, or allow to
remain upon the ice of the water of said pond, or upon that of any bay, cove,
or inlet thereof, or of any stream 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 pond;
(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 pond. 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
pond;
(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 pond, until the location or construction thereof has been approved in
writing by the department in accordance with
Env-Ws
386.04;
(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 pond 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
pond 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 Pond or its
tributaries. This posted summary may also contain any prohibitions enacted by
local ordinance.
#6521, eff 6-4-97 (See Revision Note at chapter heading
for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by
#8500, eff 11-30-05
