(1) The department hereby adopts and incorporates by reference ARM Title 17, chapter 38, subchapters 1, 2, and 5, which set forth standards for design, operation and maintenance of public water supplies; and circular #84-11, "Minimum Design Standards for Small Water Systems," published by the Department of Environmental Quality, which sets construction, operation, and maintenance standards for small water systems. Copies of ARM Title 17, chapter 38, subchapters 1, 2 and 5, and circular #84-11 may be obtained from the Department of Public Health and Human Services, Health Policy and Services Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951.

(2) In order to ensure an adequate and potable supply of water, a school must either:

(a) connect to a water supply system meeting the requirements of Title 17, chapter 38, subchapters 1, 2, and 5 of the Administrative Rules of Montana; or

(b) if the school is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including staff and students, and an adequate public water supply system satisfying the requirements of ARM Title 17, chapter 38, subchapters 1, 2 and 5, is not accessible, utilize a non-public system whose construction and use meet the standards set in circular #84-11 published by the Department of Environmental Quality.

(3) A water supply system of a type other than described in this rule may be utilized only if it is designed by a professional engineer and offers equivalent sanitary protection as determined by the department or local health authority.

(4) If a water supply system is used other than described in (2) (a) above, a school must submit a water sample at least quarterly to a laboratory licensed by the department to perform microbiological analysis of the water supplied in order to determine that the water does not exceed the maximum microbiological contaminant levels stated in ARM 17.38.207.

(5) A school must replace or repair the water supply system serving it whenever the water supply:

(a) contains microbiological contaminants in excess of the maximum levels contained in ARM 17.38.207; or

(b) does not have the capacity to provide adequate water for drinking, cooking, personal hygiene, laundry, and water-carried waste disposal.

(6) Common drinking cups or containers are prohibited.

(7) Where water under pressure cannot be made available, the drinking water from an approved source must be stored in a clean container having a tight-fitting lid and a suitable faucet apparatus for filling individual cups. Single service drinking cups must be provided.