(1) The department shall approve a voluntary program for cross-connection control if:

(a) the applicant has submitted an application that meets the requirements of ARM 17.38.310;

(b) the program provides for elimination of cross-connections, health hazards, and water pollution hazards, and for installation and maintenance of backflow protection devices in accordance with ARM 17.38.305;

(c) the program provides that backflow prevention assemblies or devices must be inspected and tested, at least annually, in accordance with the "Manual of Cross-Connection Control", incorporated by reference in ARM 17.38.302; and

(d) the program provides that inspection and testing of backflow prevention assemblies or devices must be performed by a certified backflow prevention assembly tester.

(2) A cross-connection is exempt from the standards in this rule if the following conditions are met:

(a) the cross-connection is with a public water supply system that has been approved by the department;

(b) the owner or operator of the public water supply that is or will be connected to the system with the approved voluntary cross-connection control program:

(i) sends a written request for an exemption to the public water supplier with the approved voluntary program; and

(ii) submits a sanitary survey conducted within the 3 years preceding the request for an exemption that:

(A) indicates that there are no cross-connections that violate the requirements of ARM 17.38.305(1) and (2) within the public water supply system that is or will be connected; and

(B) has been conducted by the department or a person who has contracted with the department for the purpose of performing the sanitary survey; or

(C) has been determined by the department to be complete and reliable; and

(c) the public water supplier with the approved voluntary program determines that the public water supply that is or will be connected is acceptable as a source.