Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035,
				  468B.555
Stats. Implemented: ORS
				  468B.555