Or. Admin. Code § 340-039-0005 - Definitions
(1) Best Management
Practices (BMPs): In-water or land-based conservation, enhancement or
restoration actions that will reduce pollutant loading or create other water
quality benefits. BMPs include, but are not limited to, structural and
nonstructural controls and practices and flow augmentation.
(2) BMP Quality Standards: Specifications for
the design, implementation, maintenance and performance tracking of a
particular BMP that ensure the estimated water quality benefits of a trading
project are achieved, and that allow for verification that the BMP is
performing as described in an approved trading plan.
(3) Credit: A measured or estimated unit of
trade for a specific pollutant that represents the water quality benefit a
water quality trading project generates at a location over a specified period
of time, above baseline requirements and after applying trade ratios or any
other adjustments.
(4) Public
Conservation Funds: Public funds that are targeted to support voluntary natural
resource protection or restoration. Examples of public conservation funds
include United States Department of Agriculture (USDA) cost share programs,
United States Environmental Protection Agency (EPA) section 319 grant funds,
United States Fish and Wildlife Service Partners for Fish and Wildlife Program
funds, State Wildlife Grants, and Oregon Watershed Enhancement Board
restoration grants. Public funds that are not considered public conservation
funds include: public loans intended to be used for water quality
infrastructure projects, such as Clean Water State Revolving Funds, USDA Rural
Development funds, and utility sewer storm water and surface water management
fees.
(5) Trading Area: A
watershed or other hydrologically-connected geographic area, as defined within
a water quality management plan adopted for a TMDL, trading framework or
trading plan. A trading area must encompass the location of the discharge to be
offset, or its downstream point of impact, if applicable, and the trading
project to be implemented.
(6)
Trading Baseline: Pollutant load reductions, BMP requirements, or site
conditions that must be met under regulatory requirements in place at the time
of trading project initiation.
(7)
Trading Framework: A description contained in a TMDL water quality management
plan, or water pollution control plan, adopted by rule or issued by order under
ORS 468B.015 or
468B.110, that identifies
trading elements applicable to one or more entities in a trading area.
(8) Trading Plan: A plan that
describes the design, implementation, maintenance, monitoring, verification and
reporting elements of a water quality trade.
(9) Trading Project: A site-specific
implementation of a trading plan used to generate credits.
(10) Trading Ratio: A numeric value used to
adjust the number of credits generated from a trading project, or to adjust the
number of credits that a credit user needs to obtain.
(11) Verification: A process to confirm and
document that a trading project is implemented and performing according to the
approved trading plan and BMP quality standards, and to confirm the quantity of
credits generated by the trading project.
(12) Water Quality Benefit: The quantifiable
water quality improvement or net pollutant reduction that can be reasonably
attributed to BMPs at a trading project site.
(13) Water Quality Trading or Trade: The use
of water quality credits generated at one location in a trading area to comply
with water quality-based requirements at another location within the trading
area.
Notes
Stat. Auth.: ORS 468.020, 468B.020, 468B.030, 468B.035, 468B.555
Stats. Implemented: ORS 468B.555
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