1. (1) Trading baseline must account for the following regulatory requirements applicable to the trading project at the time of trading project initiation:

   1. (a) NPDES permit requirements;
   2. (b) Rules the Oregon Department of Agriculture issued for an agricultural water quality management area under OAR chapter 603 division 095;
   3. (c) Rules the Oregon Board of Forestry issues under OAR chapter 629 divisions 610-680;
   4. (d) Requirements of a federal land management plan, or an agreement between a federal agency and the state;
   5. (e) Requirements established in a Clean Water Act Section 401 water quality certification;
   6. (f) Local ordinances;
   7. (g) Tribal laws, rules, or permits;
   8. (h) Other applicable rules affecting nonpoint source requirements;
   9. (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
   10. (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. (2) BMPs required to meet baseline requirements and BMPs used to generate additional water quality benefits and trade credits may be installed simultaneously.

Statutory/Other Authority

ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555

Statutes/Other Implemented

ORS 468B.555

History

DEQ 15-2015, f. & cert. ef. 12-10-15