Revised On: May. 5th, 2026 - 09:26 am
Summary:
ADEQ is codifying a standardized process for remediating nonpoint source (NPS) pollution from abandoned hardrock mines impacting or threatening to impact streams throughout Arizona. The purpose of the proposed rules is twofold:
- First, ADEQ wishes to adopt these rules as a first step in coming into compliance with A.R.S. § 49-203(A)(4), which requires ADEQ to establish a state program to control NPS pollution into Waters of the United States (WOTUS). To date, ADEQ has not promulgated rules to establish such a program.
- Second, ADEQ is pursuing this rulemaking to control surface water pollution caused by abandoned mine lands (AMLs). At both the federal and state levels, Nonpoint Source pollution remains the leading cause of surface water impairment, with metals (collectively) representing the primary source in Arizona according to Arizona's 2024 Clean Water Act Assessment.
The proposed rules will serve an initial step in developing a state program, provide clarity and consistency for remediating AMLs that impact or threaten to impact Arizona’s surface waters, and function as the foundation for a future AML program, should ADEQ seek to create one. ADEQ anticipates this rulemaking will not impose any additional burden on the regulated community because remedial actions are primarily funded by § 319 of the federal Clean Water Act (CWA).
Documents:
Notice of Docket Opening | View NDO >
Notice of Proposed Rulemaking (published by the Secretary of State) | View NPRM >
Notice of Comment Period & Public Hearing | View Public Notice >
- Comment Period: March 20, 2026 – May 1, 2026
- Virtual Public Hearing:
- Date: April 30, 2026
- Time: 2 – 3 p.m. (Arizona)
- Location: Online via GoToWebinar
Additional Information:
