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26.08.11.00.htm 26.08.11.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 08 WATER POLLUTION Chapter 11 Maryland Water Quality Trading Program Authority: Agriculture Article, §8-901 and 8-904; Environment Article, §9-313, 9-315, 9-319, and 9-325; Annotated Code of Maryland
26.08.11.01.htm 26.08.11.01. 01 Purpose.. A. The purpose of this chapter is to establish a Water Quality Trading Program between the agricultural, stormwater, wastewater, and on-site sewage disposal sectors that attracts public and private participation and enhances Maryland’s effort to protect and restore not only the water resources of the Chesapeake Bay and its tributaries, but also local waters. Trading may supplement the more traditional governmental approaches for improving water q
26.08.11.02.htm 26.08.11.02. 02 Scope.. This chapter establishes Maryland’s Water Quality Trading Program and sets forth the criteria under which the Program will operate, including:A. Purpose;. B. Definitions;. C. Program framework;. D. Baseline requirements;. E. Calculation of credits;. F. Procedure for certification;. G. Trading requirements;. H. Usage of credits by point sources;. I. Registration of trades;. J. Verification and reporting requirements;. K. Public participation;. L. Enforcement; and.
26.08.11.03.htm 26.08.11.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “303(d) list” means the list of impaired waters maintained by the State pursuant to 33 U.S.C. §1313(d)2) “Aggregator” means a person that funds, generates, owns, or assembles credits resulting from a number of point or nonpoint sources to resell them.3) “Agricultural land” has the meaning stated in COMAR 15.20.12.02..
26.08.11.04.htm 26.08.11.04. 04 Maryland Water Quality Trading Program Framework.. A. Pollutants Eligible for Trading. Nitrogen, phosphorus, and sediment are the only pollutants eligible for credit trading and may be traded independently or in any combination.B. Maryland Trading Regions.. 1) Any trade shall occur within the same trading region.. 2) The Department has established the following trading regions:. a) Potomac River Basin;. b) Patuxent River Basin; and. c) Eastern Shore and West
26.08.11.05.htm 26.08.11.05. 05 Baseline Requirements.. A. General Policies.. 1) All baselines shall be consistent with the 2010 Chesapeake Bay TMDL, as may be amended from time to time, or, if more restrictive, a local TMDL.2) In the event of an amendment to the Chesapeake Bay TMDL, the:. a) Baseline established in a permit remains in effect until a new permit or a permit modification is issued by the Department; andb) Credits calculated with a baseline established under the previous Chesap
26.08.11.06.htm 26.08.11.06. 06 Calculation of Credits.. A. Wastewater Point Sources. Credits generated by a wastewater point source shall be based on that wastewater point source’s performance as follows:1) Credits shall be calculated and reported under the terms of the required wastewater discharge permit at the end of each calendar year as the load remaining after subtracting actual annual effluent nutrient load from the performance-based benchmark load; and2) The annual effluent nutrient load shall be calc
26.08.11.07.htm 26.08.11.07. 07 Procedure for Certification.. A. Credits are not valid or tradable until placed on the Registry after certification as follows:. 1) Agricultural credits are certified by the Maryland Department of Agriculture in accordance with COMAR 15.20.12;2) Wastewater point source credits are certified by the Department through issuance of an NPDES or State discharge permit, or permit modification; and3) All other credits are certified by the Department according to §B of this regulation..
26.08.11.08.htm 26.08.11.08. 08 Trading Requirements.. A. Credit trades may occur with or without the participation of an aggregator or broker.. B. In the event of a default in a trade contract, expiration of a credit, or suspension or revocation of a credit, the buyer using the credit remains responsible for complying with any NPDES and State discharge permit or other regulatory requirement that the credit was intended to satisfy.C. Ratios Applicable to All Trades.. 1) Uncertainty Ratio..
26.08.11.09.htm 26.08.11.09. 09 Usage of Credits by Point Sources.. A. In order to use traded credits to fulfill permit requirements, a credit buyer shall select credits that meet the limitations in this chapter, including limitations relating to credit lifespan, trading, trading regions, and local water quality standards and requirements.B. The use of a credit shall be consistent with the credit’s certification.. C. The Department shall prorate the amount of certified credits generated f
26.08.11.10.htm 26.08.11.10. 10 Registration of Trades.. A. A credit buyer shall notify the Department about each trade by filing a form provided by the Department within 15 days after the trade.B. Within 15 days after receipt of the notification form required by §A of this regulation, the Department shall update the Registry, including the registration number for the credit, its location, duration, and the intended use of the credit.C. The Department shall update the Registry within 30 days after receiving
26.08.11.11.htm 26.08.11.11. 11 Verification and Reporting Requirements.. A. In its certification of a credit, the Department shall state the frequency at which the credits shall be verified, which shall be in accordance with local, State, and federal law and permit requirements, but shall be no less frequently than every three years.B. Verification Requirements.. 1) Verification of credits generated by a wastewater point source shall include a report submitted to the Department annually
26.08.11.12.htm 26.08.11.12. 12 Public Participation.. A. The Department shall provide notice, and an opportunity for comment and a hearing, if requested, for NPDES and State discharge permits that propose to allow trading under this chapter in accordance with the federal Clean Water Act and Environment Article, Annotated Code of Maryland, for new permits or modification of existing permits, as applicable.B. The Department shall report all credit trades by a stormwater point source permittee annually, an
26.08.11.13.htm 26.08.11.13. 13 Enforcement.. A. If a BMP is not performing in conformance with its certification the Department may order:. 1) Repairs or other remedies to address or eliminate any deficiencies, within a time period determined by the Department;2) Additional inspections; and. 3) Written substantiations that corrective measures have been taken.. B. The Department may suspend or revoke certification of a credit if:. 1) There are any violations of this chapter;.
26.08.11.14.htm 26.08.11.14. 14 Appeal Process.. Any person aggrieved by the suspension or revocation of a credit taken in accordance with this chapter shall have the right to review in accordance with the provisions of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
26.08.11.9999.htm 26.08.11.9999. Administrative History Effective date: July 16, 2018 (45:14 Md. R. 698).
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