Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 39 - WATER QUALITY TRADING PROGRAM
Section 340-039-0030 - Requirements for Trading Baselines
Universal Citation: OR Admin Rules 340-039-0030
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Trading baseline must account for the following regulatory requirements applicable to the trading project at the time of trading project initiation:
(a) NPDES
permit requirements;
(b) Rules the
Oregon Department of Agriculture issued for an agricultural water quality
management area under OAR chapter 603 division 095;
(c) Rules the Oregon Board of Forestry issues
under OAR chapter 629 divisions 610-680;
(d) Requirements of a federal land management
plan, or an agreement between a federal agency and the state;
(e) Requirements established in a Clean Water
Act Section 401 water quality certification;
(f) Local ordinances;
(g) Tribal laws, rules, or permits;
(h) Other applicable rules
affecting nonpoint source requirements;
(i) Projects completed as part of
compensatory mitigation, or projects required under a permit or approval issued
under Clean Water Act section 404, or a supplemental environmental project used
to settle a civil penalty imposed under OAR chapter 340 division 012 or the
Clean Water Act; and
(j)
Regulatory requirements a designated management agency establishes to comply
with a DEQ-issued TMDL, water quality management plan or another water
pollution control plan adopted by rule or issued by order under ORS
468B.015 or
468B.110.
(2) BMPs required to meet baseline requirements and BMPs used to generate additional water quality benefits and trade credits may be installed simultaneously.
Stat. Auth.: ORS 468.020, 468B.020, 468B.030, 468B.035, 468B.555
Stats. Implemented: ORS 468B.555
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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