(1) All sewage, including liquid waste, must be disposed of by a public sewerage system or by a sewage treatment and disposal system constructed and operated in accordance with Title 75, chapter 6, MCA, and ARM Title 17, chapter 38, subchapter 1, plans for public water and wastewater systems. Non-water-carried sewage disposal facilities are prohibited, except as permitted by ARM 37.110.236(10) pertaining to temporary food service establishments or as permitted by the regulatory authority in remote areas or because of special situations.

(2) The department hereby adopts and incorporates by reference ARM Title 17, chapter 38, subchapter 1 which is a set of Montana department of environmental quality rules setting forth plan review requirements for public water and wastewater systems. A copy of ARM Title 17, chapter 38, subchapter 1 may be obtained from the Department of Public Health and Human Services, Health Policy and Services Division, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951.

(3) Food service establishments with existing sewage systems that will not be changed or be modified in their uses may not be subject to some or all of the provisions of Title 75, chapter 6, MCA and ARM Title 17, chapter 38. These systems comply with the applicable state and local laws and approval conditions that were in place at the time of the systems' approval. The Montana department of environmental quality may have other laws and regulations that apply. Information or any of the requirements of this rule may be obtained from the Montana Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.