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(1) A day care facility shall provide an adequate and potable supply of water:

(a) connected to a public water supply system approved by department of environmental quality; or

(b) if the day care facility utilizes a nonpublic water system source:

(i) the facility must have the water source tested prior to beginning operation and at least once each January and once each June for the total coliform bacteria and fecal coliform or E. Coli bacteria; and

(ii) must provide laboratory tests results to the department as part of the licensing or relicensing process; and

(iii) the day care facility shall take corrective action as needed to ensure the water is safe to drink.

(c) prior to beginning operation, the water must be tested to determine that the maximum contamination levels for nitrate (10 milligrams per liter) and nitrite (1 milligram per liter) are not exceeded; and

(d) documentation of testing must be retained on the premises for 24 months from the date of the test.

(2) The day care facility shall have an adequate and safe sewage system.

(a) For sewage to be safely disposed of, the home must:

(i) connect to a public sewage system approved by the Department of Environmental Quality; or

(ii) if a nonpublic system is used, the day care facility must provide documentation that it has complied with sewage disposal requirements that have been adopted by the local board of health in the jurisdiction in which the day care facility is located; and

(iii) repair or replace the sewage system whenever:

(A) it fails to accept sewage at the rate of application;

(B) seepage of effluent from or ponding of effluent on or around the system occurs;

(C) contamination of a potable water supply or state waters is traced to the system; or

(D) a mechanical failure occurs.

History: 52-2-704, 52-2-735, 53-4-506, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, 52-2-735, 53-4-506, MCA; NEW, 1982 MAR p. 1121, Eff. 5/28/82; AMD, 1995 MAR p. 473, Eff. 3/31/95; TRANS, from DHES, 1998 MAR p. 2881; AMD, 2006 MAR p. 1424, Eff. 6/2/06.

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