Hardy Makes Pesticides

Hardy makes pesticides. Run-off from its factory goes into gullies that run into Cane Creek, a trickle of water that rarely has fish in it and it is not used for recreation. Part of the year, the creek runs into a river. The outcome of EPA's regulation of Hardy's pollution would be:

A) because the gullies and Cane Creek are not navigable waterways as required by the Clean Water Act, pollution into them does not fall under EPA jurisdiction
B) because the discharges are toxic, the emissions are under the Superfund Act
C) because the creek is not in constant connection to a navigable waterway, the EPA lacks jurisdiction
D) if a waterway is not be navigable per se, it does not fall within the jurisdiction of Clean Water Act
E) none of the other choices