Section 096-526-12 - Applicability to Existing Facilities. [See 40 CFR Section 125.91]A. The Owner or Operator of an existing facility, as defined in section 4, that is a point source that uses or proposes to use a cooling water intake structure, is subject to the requirements of this Chapter. (1) Sections 13 through 17 apply if: (i) The facility uses or proposes to use one or more cooling water intake structures with a cumulative DIF of greater than 2 MGD to withdraw water from waters of the State; and(ii) Twenty-five percent or more of the water the facility withdraws on an actual intake flow basis is used exclusively for cooling purposes.B. Existing facilities that do not meet the threshold requirements regarding amount of water withdrawn or percentage of water withdrawn for cooling water purposes in section 12.A. must meet requirements under section 316(b) of the CWA established by the Department on a case-by-case, best professional judgment (BPJ) basis.C. Use of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangement with one or more independent suppliers of cooling water if the independent supplier withdraws water from waters of the State but is not itself a new or existing facility as defined in this Chapter, except as provided in paragraph D and E of this section. An Owner or Operator of an existing facility may not circumvent these requirements by creating arrangements to receive cooling water from an entity that is not itself a facility subject to this Chapter.D. Obtaining cooling water from a public water system, using reclaimed water from wastewater treatment facilities or desalination plants, or recycling treated process wastewater effluent as cooling water does not constitute use of a cooling water intake structure for purposes.E. This Chapter does not apply to offshore seafood processing facilities, offshore liquefied natural gas terminals, and offshore oil and gas extraction facilities that are existing facilities as defined in section 4.CC. The Owners and Operators of such facilities must meet requirements established by the Department on a case-by-case, BPJ basis.06-096 C.M.R. ch. 526, § 12