A. 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.

Koester caused or allowed the discharge of discolored and low pH water from the Site, during the reclamation project, into Big Creek, a water of the state, in an amount sufficient to be unsightly or deleterious and/or in an amount sufficient to be acutely toxic to, or otherwise severely injure or kill, aquatic life.

B. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or 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, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause others to undertake activities needed to accomplish a spill response; and as soon as possible, but within two hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response.

Koester caused or allowed a reportable spill of discolored and low pH water from the Site to enter Big Creek, a water of the state, that was not properly contained, responded to, or reported.

C. 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 National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.

Koester caused or allowed the discharge of pollutants from the Site, during the reclamation project, into Big Creek, a water of the state, that was not in conformity with its NPDES permit.

D. Pursuant to 327 IAC 15-7-7(a)(4) and (b)(5), any discharge of pollutants into waters of the state as a point source discharge must comply with specified effluent limitations and other related criteria.

Koester caused or allowed the discharge of pollutants from the Site, during the reclamation project, into Big Creek, a water of the state, in violation of its NPDES permit by having a pH of less than 6, and which was in an amount sufficient to be unsightly or deleterious or which produced a color in such a degree as to create a nuisance.

E. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under Sections 1 and 3 of this chapter.

Koester caused or allowed discolored and low pH water to be discharged from the Site, during the reclamation project, into Big Creek, a water of the state, resulting in a polluted condition of water causing a fish kill in violation of 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, which are a rules adopted by the Indiana Water Pollution Control Board, and thus a violation of IC 13-18-4-5.

F. 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.

Koester caused or allowed the discharge of pollutants from the Site, during the reclamation project, into Big Creek, a water of the state, causing pollution that resulted in a fish kill, in violation of 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, which are rules adopted by the Indiana Water Pollution Control Board, and thus a violation of IC 13-30-2-1(1).