act as a means of conveying pollutants from an industrial source to navigable waterways.” United. States v. Plaza Health Labs., Inc., 3 F.3d 643, 646 (2d Cir.1993). Notably, in Da-gue, the court's point source focus was on the culvert and not on the landfill or pond. See Dague, 935 F.2d at 1354. Consequently, the landfill and creek in the présent case do not appear to qualify as point sources. 30 . The nature and usage of the pond and creek not only comport with the navigable waters requirement under the CWA, but also would satisfy any Commerce Clause concerns under that statute, as well as under the application of RCRA, in the present case. See TGR Corp., 171 F.3d at 764 (quoting United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 133, 106 S.Ct. 455, 88 L.Ed.2d 419 (1985) (<HOLDING>)); compare Solid Waste Agency. of N. Cook
holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states holding that certain wetlands were included within the intendment of waters of the united states because of the evident breadth of congressional concern for protection of water quality and aquatic ecosystems holding that the evident breadth of congressional coneern for protection of water quality and aquatic ecosystems supported the army corps of engineers interpretation of waters of the united states to encompass wetlands adjacent to waters as more conventionally defined holding that wetlands adjacent to navigable waters are included in the term territorial waters holding that it was unreasonable for a party to rely on maps drafted by the united states corps of engineers that bore the heading waters covered by section 10 of the 1899 rivers and harbors act under the jurisdiction of the st paul district corps of engineers  and the caption that all other waters and wetlands not shown on this map should be considered to be covered by section 404 of the 1972 act to determine whether bodies of water outside the scope of the map were considered navigable