15.20.12.03

.03 Eligibility for Credit Certification.

Except as provided by this regulation, the following persons are eligible to have credits certified by the Department in support of nutrient and sediment trading activities:

A. An owner or lessee, with owner’s consent, who operates an agricultural operation and who demonstrates that:

(1) The agricultural management and BMPs implemented on the operation enables that operation to meet baseline requirements pursuant to Regulation .04 of this chapter;

(2) A current Nutrient Management Plan is being implemented in accordance with COMAR 15.20.07 and 15.20.08;

(3) A SCWQP has been developed and approved for the agricultural operation and all implemented BMPs are documented, operated, and maintained in accordance with the SCWQP;

(4) An adequate manure storage and runoff system is maintained as required in an Animal Waste Management System Plan, or in the case of a Confined Animal Feeding Operation, a Comprehensive Nutrient Management Plan or SCWQP and NMP as required by permit;

(5) The lessee has been granted authority for control of the land for the term of the credit certification; and

(6) The operation is in compliance with all applicable local, State, and federal laws, regulations, and programs.

B. A broker or an aggregator, as defined by this chapter, who provides proof of the following to the Department:

(1) Demonstration of permission by the credit generator to submit for certification and sell nutrient and sediment credits; and

(2) Demonstration that the credit generator meets all requirements as provided by this chapter.

C. Any person engaged in reducing impacts of agricultural nutrients or sediment to the environment and who provides proof of the following to the Department:

(1) Demonstration of permission by the landowner to conduct nutrient or sediment removal activities; and

(2) Demonstration that the credit generator is conducting nutrient or sediment removal activities in accordance with applicable local, state, and federal laws, regulations, and programs.