Md. Code Regs. 26.08.11.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.08.11.07 - 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; and

(3) All other credits are certified by the Department according to §B of this regulation.

B. A person who applies to the Department for certification of a credit shall complete and sign a Certification and Registration Form provided by the Department, including:

(1) Identification of the location and segmentshed where the BMP is being implemented and a map identifying the location and boundaries of the BMP;

(2) Documentation that the generator either owns the property or has the permission of the landowner to install, access, and maintain the BMP and to apply for certification of credits;

(3) A description of the BMP, including:

(a) A description of any permits required for its installation and evidence establishing that it was installed in accordance with the laws, regulations, and programs of applicable local, state, and federal authorities;

(b) Verification in accordance with Regulation .11 of this chapter; and

(c) A maintenance plan for the BMP that will be put into operation during the lifespan of the credit;

(4) Supporting documentation that explains:

(a) Which tool was selected to determine the requested number of credits;

(b) How the project satisfies the baseline requirements in Regulation .05 of this chapter; and

(c) How the credits were calculated to meet the nitrogen, phosphorus, and sediment reduction amounts claimed in the application; and

(5) Any other information the Department deems necessary to review the Certification and Registration Form, and certify the credits.

C. As a condition of the Department's certification of a credit, the applicant and landowner shall agree in writing to provide the Department, verifier, and their agents with access to the BMP at all reasonable times during the lifespan of the credit.

D. Upon review and approval of the information submitted in the Certification and Registration Form, the Department shall assign each credit or block of credits a unique registration number and place the certified credits on the Registry.

E. If the Department denies the Certification and Registration Form, the Department shall provide the basis for the denial to the applicant.

F. The credit owner shall update the credit registration, in writing within 30 days, to the Department and the credit buyer, if applicable, if there is a change in:

(1) The BMP used to generate the credit that could reasonably be expected to affect its certification; or

(2) The ownership of the property where the BMP is located.

G. The BMP generates credits once it is certified.

H. Credit generators may create listings linked to their Marketplace accounts to display certified credits they have for sale and initiate trades with potential credit buyers.

I. Credit buyers may post credit needs or solicit offers using the Marketplace.

Md. Code Regs. 26.08.11.07

Regulation .07 adopted effective 45:14 Md. R. 698, eff. 7/16/2018