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17.38.104    SIGNIFICANT DEFICIENCY

(1) For the purposes of this rule, "significant deficiency" means any defect in design, operation, or maintenance of a public water supply system or public sewage system, or a failure or malfunction of the system, that the department determines causes, or has the potential to cause, the introduction of fecal, chemical, or other contamination into a drinking water supply or a source of ice. The term also includes practices and conditions that hinder the determination of the source or potential source of contamination, such as improper sample locations or sample taps.

(2) If the department determines that a significant deficiency exists with a public water supply system or a public sewage system, the department shall provide written notice to the system owner. The system owner shall correct the deficiency in accordance with a plan and timeframe approved by the department.

(3) If the department has reason to believe that a significant deficiency or sanitary defect may exist with a public water supply system or a public sewage system, the department may request the system owner to provide additional information to assist the department in making a final determination. The system owner shall provide the department with the requested information. If the system owner fails to supply the requested information, the department may make a determination based on available information about the potential risk of contamination from the system to drinking water or a source of ice, and the department may require the system owner to take measures that the department determines are appropriate to prevent contamination.

 

History: 75-6-103, 75-6-112, MCA; IMP, 75-6-103, 75-6-112, MCA; NEW, 2013 MAR p. 212, Eff. 2/15/13; AMD, 2017 MAR p. 220, Eff. 2/18/17.

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