A. 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. The Shady Hollow Lake Subdivision Homeowners Association, aka Shady Hollow Lake Condominium Association discharged wastewater from its wastewater treatment lagoon into an unnamed creek on May 27, 2003, without a valid NPDES permit obtained prior to the discharge, in violation of 327 IAC 5-2-2.

B. Pursuant to IC 13-30-2-1, a person may not 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 in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

The Shady Hollow Lake Subdivision Homeowners Association, aka Shady Hollow Lake Condominium Association released a pollutant into the environment by discharging wastewater from its wastewater lagoon into an unnamed creek in violation of 327 IAC 5-2-2, a rule of the water pollution control board, in violation of IC 13-30-2-1.

Pursuant to Indiana Code 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 the 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 shall cause or contribute to a polluted condition of any waters. The Shady Hollow Lake Subdivision Homeowners Association, aka Shady Hollow Lake Condominium Association released a pollutant into the environment by discharging wastewater from its wastewater lagoon into an unnamed creek in violation of 327 IAC 5-2-2, a rule of the water pollution control board, in violation of IC 13-18-4-5.

C. Pursuant to IC 13-18-11-14, it is unlawful for any person, firm or corporation, both municipal and private, to operate a water or wastewater treatment plant unless the operator in responsible charge is duly certified by the commissioner under the provisions of this chapter. The Shady Hollow Lake Subdivision Homeowners Association, aka Shady Hollow Lake Condominium Association operated its wastewater treatment lagoon system without an operator in responsible charge that was duly certified by the commissioner from 1999 to the present, in violation of IC 13-18-11-14.