(1) An establishment must provide an adequate and potable supply of water.
(2) A public water supply system must be approved by the Montana Department of Environmental Quality (DEQ) and meet the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5.
(3) A nonpublic water supply system must meet the requirements of Nonpublic Water Supply Circular FCS 1-2016 when:
(a) the water supply is constructed after the effective date of this rule;
(b) modifications are made to the water system; or
(c) the local regulatory authority determines compliance with Nonpublic Water Supply Circular FCS 1-2016 is necessary to meet the requirements of this subchapter.
(4) A non-potable water source may be used only if:
(a) access points are marked "not for human consumption";
(b) installation and maintenance prevent any connection to a potable water supply system; and
(c) the source is used in a manner that does not expose the public to any health risk.
(5) The department adopts and incorporates by reference Nonpublic Water Supply Circular FCS 1-2016 in effect November 5, 2019, which contains potable water construction and maintenance standards for nonpublic water supplies serving licensed establishments. A copy of Nonpublic Water Supply Circular FCS 1-2016 may be obtained from the Department of Public Health & Human Services, Food & Consumer Safety Section, P.O. Box 202951, Helena, Montana 59620-2951. The Nonpublic Water Supply Circular FCS 1-2016 is also available on the department's web site at www.fcss.mt.gov.