A. Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste into the environment or any publicly owned treatment works in any form that causes or would cause pollution. During the above noted investigation, chlorinated water was discharged into Harbor Ditch, a waters of the state.

B. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls, or maintains a facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, contain the spill to prevent additional spilled material from entering the waters of the state, respond to the spill, and notify IDEM within two (2) hours if new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state. During the above noted investigation, chlorinated water was discharged into Harbor Ditch, a waters of the state.

C. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans, and which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance. During the above noted investigation, chlorinated water was discharged into Harbor Ditch, a waters of the state.

D. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge. During the above noted investigation, chlorinated water was discharged into Harbor Ditch, a waters of the state, without a permit.