Dale Farms, Inc. caused and/or allowed the discharge of animal manure from the Site on or about March 5, 2003, into an unnamed ditch which drains to Bear Grass Creek, waters of the state, which was in amounts sufficient to be acutely toxic to, or otherwise severely injure or kill aquatic life, other animals, plants or humans, in violation of 327 IAC 2-1-6(a)(1) environmental rules:

B. 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.

Dale Farms, Inc. caused and/or allowed the discharge of animal manure, a pollutant, from the Site on or about March 5, 2003, into an unnamed ditch which drains to Bear Grass Creek, waters of the state, without a valid NPDES permit, and without meeting any of the exclusions in 327 IAC 5-2-4, in violation of 327 IAC 5-2-2.

resulting in discharges of animal manure from the Site on or about March 5, 2003, into an unnamed ditch which drains to Bear Grass Creek, waters of the state, without a valid NPDES permit, in violation of 327 IAC 16-3-1(a).

D. Pursuant to 327 IAC 16-3-1(e)(1), manure to be staged or applied to land in Indiana must be staged or applied in such a manner as to not enter or threaten to enter waters of the state.

Dale Farms, Inc., applied manure in a manner that entered an unnamed ditch which drains to Bear Grass Creek, waters of the state, from the Site on or about March 5, 2003, in violation of 327 IAC 16-3-1(e)(1).

E. Pursuant to 327 IAC 16-10-3(f)(1), surface application of manure to slopes in excess of 2% without adequate residue protection or crop cover is prohibited on snow covered or frozen ground.

Dale Farms, Inc., surface applied manure to slopes in excess of 2% without adequate residue protection or crop cover on snow covered or frozen ground on or about March 5, 2003, in violation of 327 IAC 16-10-3(f)(1).

F. 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 Indiana Code 13-18-4-1 and Indiana Code 13-18-4-3.

Dale Farms, Inc., caused and/or allowed the discharge of animal manure, an organic matter, from the Site on or about March 5, 2003, into an unnamed ditch which drains to Bear Grass Creek, waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, rules adopted by the Water Pollution Control Board, and thus violated IC 13-18-4-5.

G. Pursuant to 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 or 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 or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Dale Farms, Inc., caused and/or allowed the discharge of animal manure, a contaminant or waste, into the environment from the Site on or about March 5, 2003, in violation of 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, rules adopted by the Water Pollution Control Board, and thus violated IC 13-30-2-1(1).