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 (Requirements of a Water Quality Trading Plan)(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.
Rule 340-039-0040 — Requirements for Credits,