A reportable spill of Absorb TM™, Dylox® 80 and Daconil ZN from the Site into Cool Creek, waters of the state, occurred on or about August 26, 2003, and was not properly reported by Ralph Little, d/b/a Brookshire First Mortgage, L.L.C. and d/b/a Brookshire Golf Club, in violation of 327 IAC 2-6.1-7.

B. 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.

Ralph Little, d/b/a Brookshire First Mortgage, L.L.C. and d/b/a Brookshire Golf Club caused and/or allowed the discharge of Absorb TM™, Dylox® 80 and Daconil ZN from the Site, on or about August 26, 2003, into Cool Creek, waters of the state, that settled to form putrescent or otherwise objectionable deposits, that was in an amount sufficient to be unsightly or deleterious, that produced color, visible oil sheen, odor, or other conditions in such degree to create a nuisance, 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).

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 NPDES Permit obtained prior to the discharge.

Ralph Little, d/b/a Brookshire First Mortgage, L.L.C. and d/b/a Brookshire Golf Club caused and/or allowed the discharge of Absorb TM™, Dylox® 80 and Daconil ZN, a pollutant, from the Site on or about August 26, 2003, into Cool 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.

D. Pursuant to IC13-18-4-5, 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 IC 13-18-4-1 and IC 13-18-4-3.

Ralph Little, d/b/a Brookshire First Mortgage, L.L.C. and d/b/a Brookshire Golf Club caused and/or allowed the discharge of Absorb TM™, Dylox® 80 and Daconil ZN, an inorganic matter, from the Site on or about August 26, 2003, into Cool Creek, waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus violated IC 13-18-4-5.

E. 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.

Ralph Little, d/b/a Brookshire First Mortgage, L.L.C. and d/b/a Brookshire Golf Club caused and/or allowed the discharge of Absorb TM™, Dylox® 80 and Daconil ZN, a contaminant or waste, into the environment from the Site on or about August 26, 2003, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus violated IC 13-30-2-1(1).