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<regulation prefix="Regulation" num=".03" citation="COMAR 15.20.12.03" title_num="15" subtitle_num="20" chapter_num="12" heading="Eligibility for Credit Certification.">
  <text>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:</text>
  <paragraph num="A.">
    <text>An owner or lessee, with owner’s consent, who operates an agricultural operation and who demonstrates that:</text>
    <paragraph num="(1)">
      <text>The agricultural management and BMPs implemented on the operation enables that operation to meet baseline requirements pursuant to Regulation .04 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A current Nutrient Management Plan is being implemented in accordance with COMAR 15.20.07 and 15.20.08;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The lessee has been granted authority for control of the land for the term of the credit certification; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The operation is in compliance with all applicable local, State, and federal laws, regulations, and programs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A broker or an aggregator, as defined by this chapter, who provides proof of the following to the Department:</text>
    <paragraph num="(1)">
      <text>Demonstration of permission by the credit generator to submit for certification and sell nutrient and sediment credits; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Demonstration that the credit generator meets all requirements as provided by this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Any person engaged in reducing impacts of agricultural nutrients or sediment to the environment and who provides proof of the following to the Department:</text>
    <paragraph num="(1)">
      <text>Demonstration of permission by the landowner to conduct nutrient or sediment removal activities; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Demonstration that the credit generator is conducting nutrient or sediment removal activities in accordance with applicable local, state, and federal laws, regulations, and programs.</text>
    </paragraph>
  </paragraph>
</regulation>