New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 386 - RULES FOR PROTECTING THE PURITY OF REGULATED WATERSHEDS
Section Env-Ws 386.50 - Protection of the Purity of Pennichuck Brook and Its Watershed

Universal Citation: NH Admin Rules Env-Ws 386.50

Current through Register No. 13, March 27, 2025

(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 the provisions of 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 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 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 any of the above-named waters, meaning the high water mark, or within 75 feet of any bay, cove, or inlet thereof, or within 75 feet of any stream tributary to said ponds, brook, bays, coves or inlets;

(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 into any bay, cove or inlet thereof, or into any stream tributary thereto or into any excavation or cesspool in the ground or onto the surface of any ground within 75 feet of said pond's or brook's high water mark, or of any bay, cove, or inlet, or within 75 feet of any stream tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, or food, or any article perishable or decable, or any dung, either human or animal kitchen waste, swill or garbage, into said ponds or brook, or leave or permit any such wastes to remain within 75 feet meaning the high water mark, or into any bay, cove, or inlet of said ponds or brook, or into any stream tributary thereto, or within 75 feet of such bay, cove or inlet stream or tributary;

(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-Ws 386.03;

(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 into any stream 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 upon that of any bay, cove, or inlet thereof, or any stream 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 swimin 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.

#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05

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