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Key Topic #5:

Legislation, Regulations, and Voluntary Measures

Kalai Kollus, Environmental Scientist

Watershed Improvement Unit

AZ Envirothon- January 10th, 2026

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What we’ll cover:

  • What does the Watershed Improvement Unit do?
    • Examples of nonpoint source pollution and NPS polluted watersheds in Arizona
  • How do we manage NPS pollution?
    • Clean Water Act
      • Section 319
      • Section 303
      • TMDLs
  • NPS Improvement Project Examples

NONPOINT

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We fix polluted watersheds

In Arizona, polluted watersheds can look like this:

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What is the Clean Water Act?

“Restore and maintain the chemical, physical, and biological integrity of the Nation’s waters”

  • Federal Water Pollution Control Act (1948) amended in 1972 as “Clean Water Act” (CWA).
    • Statute passed by Congress
    • Environmental Protection Agency given authority to oversee regulation of CWA

(Source: 2024 EPA virtual watershed academy)

Ohio: Cuyahoga river on fire from industrial pollution before CWA

Image: Unique Places to Save

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What is the Clean Water Act?

  • Established structure for regulating pollutants into “Waters of the U.S.”
  • Required each state to develop water quality standards for EPA approval.
  • Made it unlawful to discharge any pollutant from a point source into a waterway, or obtain a permit to discharge pollutants.
  • Funded construction of sewage treatment plants under grants program.

(Source: 2024 EPA virtual watershed academy)

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What is nonpoint source pollution?

  • Pollution to water that comes from many sources, and typically discharges pollutants indirectly into water bodies
    • Stormwater from rain or snow
      • Urban pollution
      • Agricultural runoff
      • Recreation

  • Nonpoint source pollution is unregulated in Arizona and relies on voluntary solution measures

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Source: EPA, Office of Water, Nonpoint Source Program

96%

of Arizona’s surface water impairments are attributable to NPS pollution.

Source: Analyzing Load Contributions from Point and Nonpoint Source Discharges, ADEQ, 2023

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It can look like this:

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Or this:

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And this:

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  • Grazing
  • Agriculture
  • Wildfire
  • Abandoned mines
  • E. coli from recreators, septic tanks, wildlife, and livestock

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BACKGROUND - CWA SECTION (§) 319

  • Established by the 1987 amendments to the CWA
  • Created a national program to control nonpoint sources of water pollution
  • States, territories, and tribes receive grant money every year
  • Grant funds support activities including:
    • Technical & financial assistance
    • Education & training
    • Improvement projects
    • Monitoring to assess the success of specific NPS implementation projects

Clean Water Act (CWA)

§ 319

NPS Management Program

85%

of rivers and streams are polluted by nonpoint sources

of lakes and reservoirs are polluted by nonpoint sources

of Americans live within two miles of a polluted waterbody

80%

70%

Source: A Report on Highlights of the §319 Program, EPA, 2016

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What are Water Quality Standards?

  • Regulatory basis for WQ management under the CWA
  • A numeric or narrative standard for a given pollutant or parameter that helps us determine if a waterbody is healthy for its designated use(s).
    • Aquatic and wildlife
    • Livestock
    • Domestic water source
    • Full body contact
    • Partial body contact
  • Section (§) 303 of the CWA
    • Established WQS must be approved by EPA and can be more stringent than EPA requirements

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Source: EPA Watershed Academy: Water Quality Standards Presentation

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303(d) List:

Monitoring, Assessment, Listing

Consists of waters that do not meet water quality standards (WQS) designated as “impaired”

    • These impaired waters are not expected to meet WQS in the next 2-year cycle
  • Submit 303(d) list to EPA for approval
  • Establish priorities for Total Daily Maximum Load (TMDL) development
  • Implement watershed improvement projects
  • Effectiveness monitoring, assessment, de-listing or continued improvement project implementation

Source: EPA Watershed Academy: Water Quality Standards Presentation (2024)

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A waterbody is listed on the 303(d) list as impaired for not meeting a water quality standard… now what?

Total Maximum Daily Loads (TMDLs):

  • Calculate the maximum amount of the pollutant that a waterbody can receive while still meeting WQS
    • Sum of point source + nonpoint source load allocations + Margin of safety
  • Develop a TMDL plan that identifies the sources and a plan for addressing the pollutant
    • Allocate amount of pollutant that can come from identified sources
    • Provides the math and the path for waterbody restoration
  • Address the root causes and restore the waterbody!

Source: EPA Watershed Academy: Water Quality Standards Presentation (2024)

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NPS Projects

Abandoned Mine Restoration

Erosion Control Features

Cattle Exclusion Fencing

Social Trail Rehabilitation

Education and Outreach

Microbial Source Tracking

Trash Clean-Ups

Install Public Restroom

Install Pet Waste Stations

Remove Invasive Species

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Arizona Community Science Alliance (AZCSA)

Volunteer community scientists across the State:

  • Water quality monitoring:
    • Training and supplies provided
    • Targeted sampling across the State
    • Increases capacity and fills data gaps
    • Online portal - user friendly
  • Wet-dry mapping:
    • Captures timepoints documenting flows
    • Online map and data form
    • Can be used for watershed improvement effectiveness monitoring
  • Trash pick-up:
    • Supplies provided
    • Online portal documenting types and amounts of trash removed near waterways

https://azdeq.gov/ScienceAlliance

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Scenario:

The entire stretch of a perennial stream is impaired due to E. coli exceedances

  • The hypothetical watershed spans across U.S. Forest Service, two cities, and private lands.
  • Recreation (full body contact) is of greatest risk concern.
  • Potential sources include:
    • Livestock
    • Pet waste
    • Recreation
    • Wildlife

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  1. Identify steps for listing and improving an impaired waterbody

2. Pick one:

    • Develop a sampling plan to identify sources
    • Develop a stakeholder engagement strategy to improve water quality
    • Develop a funding and watershed improvement strategy to implement projects you think might reduce E. coli contamination in this watershed

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Thank you!

Email: kollus.kalai@azdeq.gov

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Key Topic #5 Legislation, Regulations, and Voluntary Measures

Learning Objectives

1. Summarize major U.S. policies and programs that address non-point source pollution,

including the Clean Water Act (especially Sections 303 and 319) and Total Maximum

Daily Loads (TMDLs).

2. Differentiate between regulatory and voluntary approaches to controlling NPS pollution

and identify examples of each.

3. Describe how federal and state agencies support local communities in managing NPS

pollution through funding, education, and technical assistance.

4. Simulate a decision-making process where students must select appropriate policy or

program tools to manage a fictional watershed’s NPS challenges.