On January 25, 2007, a State of Oklahoma inspector responding to a citizen complaint inspected and observed that pollutants, namely an overflow of effluent from the silage storage storm water retention ponds were discharged into Brown Creek, which is a Âwaters of the United States as that term is defined by 40 C. F. R. § 122.2. The inspection verified a discharge of dark colored leachate flowing from the silage storage area into Brown Creek.