N.H. Code Admin. R. 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. (1) Tuftonboro; and
2. (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. (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. (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-Env-Dw 901.04
RSA 485-C:1
Env-Dw 901.05
RSA 485-C:1-2
Env-Dw 901.06
RSA 485-C:5
Env-Dw 901.07
RSA 485-C:9, II & III
Env-Dw 901.08 to Env-Dw 901.09
RSA 485-C:9, V(a)
Env-Dw 901.10
RSA 485-C:9, IV
Env-Dw 901.11
RSA 485-C:9
Env-Dw 901.12
RSA 485-C:9, VI
Env-Dw 901.13
RSA 485-C:9, II(a)
Env-Dw 901.14
RSA 485-C:9, III(a)
Env-Dw 901.15
RSA 485-C:1
Env-Dw 901.16 to Env-Dw.17
RSA 485-C:8, II
Env-Dw 901.18
RSA 541-A:22, IV
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 485-C:2
II. “Best management practice” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the risk of contamination of groundwater.
IV. “Contributing area” means the land above a class of groundwater, which is the vertical projection of the defined class on the land surface.
VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.
X. “Local entity” means a town or city, acting through a planning board, conservation commission, water department, health officer, or other duly constituted municipal unit; a village district established under RSA 52 or its predecessor statutes; an entity established by intergovernmental agreement under RSA 53-A; or a supplier of water for wellhead protection areas tributary to wells owned by the public water system.
XI. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.
XIII. “Regulated contaminant” means any physical, chemical, biological, radiological substance or other matter, other than naturally occurring substances at naturally occurring levels, in water which adversely affects human health or the environment.
XVIII. “Wellhead protection area” means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.
RSA 485-C:7
“Potential contamination source” shall include the following:
(a) Vehicle service and repair shops, including but not limited to: automobile, truck, and equipment service or repair shops, autobody shops; and aircraft fueling, deicing, and maintenance areas.
(b) General service and repair shops, including but not limited to: furniture stripping, painting, and refinishing; photographic processing; printing; appliance and small engine repair; boat repair, service, and refinishing; refrigeration, heating, ventilating and air conditioning shops.
(c) Metalworking shops, including, but not limited to: machine shops; metal plating, heat treating, smelting and jewelry making shops.
(d) Manufacturing facilities, including, but not limited to: electronics and chemical manufacturing, processing, and reclamation; paper, leather, plastic, fiberglass, rubber, silicon and glass making; a pharmaceutical production; pesticide manufacture; and chemical preservation of wood and wood products.
(e) Underground and aboveground storage facilities for oil and hazardous substances, as defined in RSA 146-C.
(f) Waste and scrap processing and storage, including, but not limited to: junkyards, scrap yards, and auto salvage yards; wastewater treatment plants; dumps, landfills, transfer stations and other solid waste facilities; and wastewater or septage lagoons.
(g) Transportation corridors, including, but not limited to, highways and railroads.
(h) Septic systems, including, but not limited to large septic systems which require a groundwater discharge permit under RSA 485-A:13.
(i) Laboratories and professional offices, including but not limited to: medical, dental, and veterinary offices; and research and analytical laboratories.
(j) Use of agricultural chemicals, including but not limited to: golf courses; feed lots, kennels, piggeries, and manure stockpiles; parks; nurseries and sod farms; and the usage of registered pesticides.
(k) Salt storage and use for winter road and parking lot maintenance.
(l) Snow dumps.
(m) Stormwater infiltration ponds or leaching catch basins.
(n) Cleaning services, including but not limited to: dry cleaners, laundromats; beauty salons; and car washes.
(o) Food processing plants, including but not limited to: meat packing and slaughterhouses; dairies; and processed food manufacture.
(p) Fueling and maintenance of excavation and earthmoving equipment.
(q) Concrete, asphalt and tar manufacture.
(r) Cemeteries.
(s) Hazardous waste facilities regulated under the Resource Conservation and Recovery Act, as implemented by RSA 147-A.