Section 096-526-14 - application requirements for existing facilities [See 40 CFR Section 125.95]A.Permit application submittal timeframe for existing facilities.(1) The Owner or Operator of an existing facility subject to this Chapter must submit to the Department the information required in the applicable provisions of section 18 when applying for a subsequent permit (consistent with the Owner or Operator's duty to reapply pursuant to Chapter 521, section 4(d)).(3) The Department may waive some or all of the information requirements of section 18 if the intake is located in a manmade lake or reservoir and the fisheries are stocked and managed by a State or Federal natural resources agency or the equivalent. If the manmade lake or reservoir contains State or Federally listed threatened and endangered species, or is designated critical habitat, such a waiver shall not be granted.B.Permit application submittal timeframe for new units. For the Owner or Operator of any new unit at an existing facility subject to this Chapter: (1) The Owner or Operator must submit the information required in section 18 for the new unit to the Department no later than 180 days before the planned commencement of cooling water withdrawals for the operation of the new unit. If the Owner or Operator has already submitted the required information in the previous permit application, the Owner or Operator may choose to submit an update to the required information.(2) The Owner or Operator is encouraged to submit their permit applications well in advance of the 180-day requirement to avoid delay.C.Permit applications. Once the Owner or Operator of a facility has submitted the studies specified in section 18 as part of a permit application, the Owner or Operator may in subsequent permit applications, request to reduce the information required, if conditions at the facility and in the water body remain substantially unchanged since the previous application, so long as the relevant previously submitted information remains representative of current source water, intake structure, cooling water system, and operating conditions. Any habitat designated as critical or species listed as threatened or endangered after issuance of the current permit whose range of habitat or designated critical habit includes waters where a facility intake is located constitutes potential for a substantial change that must be addressed by the Owner or Operator in subsequent permit applications, unless the facility received an exemption pursuant to 16 U.S.C. 1536(o) or a permit pursuant to 16 U.S.C. 1539(a) or there is no reasonable expectation of take. The Owner or Operator of a facility must submit its request for reduced cooling water intake structure and water body application information to the Department at least two years and six months prior to the expiration of its MEPDES permit. The Owner or Operator's request must identify each element in this subsection that it determines has not substantially changed since the previous permit application and the basis for the determination. The Department has the discretion to accept or reject any part of the request.D. The Department has the discretion to request additional information to supplement the permit application, including a request to inspect a facility.E.Permit application records. The Owner or Operator of a facility must keep records of all submissions that are part of its permit application until the subsequent permit is issued to document compliance with the requirements of this section. If the Department approves a request for reduced permit application studies under section 14.A or C, the Owner or Operator of a facility must keep records of all submissions that are part of the previous permit application until the subsequent permit is issued.F. In addition, in developing its permit application, the Owner or Operator of an existing facility or new unit at an existing facility must, based on readily available information at the time of the permit application, instead of the information required at section 18.D(6) of this Chapter, identify all Federally listed threatened and endangered species and/or designated critical habitat that are or may be present in the action area.G.Certification. The Owner or Operator of a facility must certify that its permit application is true, accurate, and complete pursuant to Chapter 521, section 5.D.06-096 C.M.R. ch. 526, § 14