Or. Admin. Code § 340-039-0040 - Requirements for Credits
(1) Credits
used for compliance with NPDES permit and 401 water quality certification
requirements must be generated within the trading area of an approved trading
plan.
(2) A credit may not be used
to meet a regulatory obligation by more than one entity at any given time.
(3) Credits may be generated only
from BMPs that result in water quality benefits above trading baseline
requirements.
(4) Credits
generated under an approved trading plan may not include water quality benefits
obtained with public conservation funds. Where public sources of funding are
used for credit-generating activities, it is the entity's responsibility to
demonstrate compliance with this requirement in its annual report.
(5) Credits may be used for compliance with
NPDES permit requirements and 401 water quality certifications once
implementation of BMPs has been verified as consistent with applicable BMP
quality standards according to OAR
340-039-0025(5)(h).
(6) Credits may be generated from
BMPs installed before DEQ approves a trading plan if BMPs are verified as
having been implemented consistent with BMP quality standards identified in a
subsequently approved trading plan and are functioning effectively.
Notes
Stat. Auth.: ORS 468.020, 468B.020, 468B.030, 468B.035, 468B.555
Stats. Implemented: ORS 468B.555
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