A. Pursuant to 327 Indiana Administrative Code ("IAC") 15-2-5(a), any person subject to the requirements of 327 IAC 15 shall submit a Notice of Intent ("NOI") letter that complies with 327 IAC 15-2-5, 327 IAC 15-3, and any additional requirements in any applicable general permit rule.

Pursuant to 327 IAC 15-3-3, any person proposing a new discharge that will be subject to the general permit rule for construction activity under 327 IAC 15-5 shall submit an NOI letter in accordance with 327 IAC 15-5-6.

Pursuant to 327 IAC 15-5-5, in addition to the NOI letter requirements under 327 IAC 15-3, certain information, which includes, but is not limited to, written certification by the operator verifying that the an appropriate state, county, or local erosion control authority and the soil and water conservation district have been sent a copy of the erosion control plan (also known as an "erosion and sediment control plan" or "ESCP") for review, must be submitted by the operator with the NOI letter under 327 IAC 15.

Pursuant to 327 IAC 15-5-6, all information required under 327 IAC 15-3 and 327 IAC 15-5-5 shall be submitted to the commissioner prior to the initiation of land disturbing activities.

Opportunity Options, Inc., failed to submit an NOI letter, and all required additional information, to the commissioner prior to initiating land disturbing activities at the Big Spring Ohio River Harbor marina construction site on or before September 12, 2002, in violation of 327 IAC 15-2-5(a), 327 IAC 15-3-3, 327 IAC 15-5-5, and 327 IAC 15-5-6.

B. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an ESCP in accordance with the requirements under 327 IAC 15-5-7.

Pursuant to 327 IAC 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Stormwater Quality Manual (formerly titled Indiana Handbook for Erosion Control in Developing Areas) from the Indiana Department of Natural Resources' ("IDNR's") Division of Soil Conservation, and the Field Office Technical Guide from the United States Department of Agriculture's Natural Resources Conservation Service.

Opportunity Options, Inc., failed to develop an ESCP for the Big Spring Ohio River Harbor marina construction project that met the design criteria, standards, and specifications for erosion control established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Stormwater Quality Manual or the Field Office Technical Guide prior to initiating land disturbing activities at the Big Spring Ohio River Harbor marina construction site on or before September 12, 2002, in violation of 327 IAC 15-5-7(a) and 327 IAC 15-5-7(d).

C. Pursuant to 327 IAC 15-5-7(b), certain requirements shall be met on all sites during the period when active land disturbing activities occur, including, but not limited to, the following:

Pursuant to 327 IAC 15-5-7(c), during the period of construction at a site, all erosion control measures necessary to meet the requirements of 327 IAC 15-5-7 shall be maintained by the operator.

Opportunity Options, Inc., failed to implement and maintain erosion control measures at the Big Spring Ohio River Harbor marina construction site necessary to satisfy the requirements of 327 IAC 15-5. Specifically, Opportunity Options, Inc., failed to do each of the following, as observed and documented by the IDNR on the listed dates, in violation of 327 IAC 15-5-7(b) and 327 IAC 15-5-7(c):

D. 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, including, but not limited to, the following:

Pursuant to Indiana Code ("IC") 13-30-2-1(1), no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone of in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates rules, standards, or discharged or emission requirements adopted by the appropriate board pursuant to IC 13.

Opportunity Options, Inc., threatened to cause and/or contribute to the contamination of waters of the state, thus threatening to violate 327 IAC 2-1-6(a), by failing to implement and maintain the necessary erosion control practices appropriate to detain sediment-laden water on the Big Spring Ohio River Harbor marina construction site and minimize sedimentation in the receiving stream, as described in Item C above, thereby allowing or threatening to allow sediment to leave the site in such a manner as to potentially settle to form putrescent or otherwise objectionable deposits, be in amounts sufficient to be unsightly or deleterious, and/or produce color, visible oil sheen, odor, or other conditions in such a degree as to create a nuisance, as documented in IDNR's inspection reports of September 12, 14, and 15, 2002, and September 11, 2003. By threatening to violate 327 IAC 2-6-(a)(1), which is a rule adopted by the Water Pollution Control Board under IC 13-18-4-1 and/or IC 13-18-4-3, Opportunity Options, Inc.'s, failure to implement and maintain the necessary erosion control practices appropriate to detain sediment-laden water on the Big Spring Harbor marina construction site and minimize sedimentation in the receiving stream violated IC 13-30-2-1(1).