U.S. DOJ LODGED A CONSENT DECREE RESOLVING A CIVIL ACTION AGAINST XTO ENERGY, INC FOR A VIOLATION OF SECTION 301(a) OF THE CWA. THE U.S. ALLEGES THAT POLLUTANTS WERE UNLAWFULLY DISCHARGED INTO WATERS OF THE UNITED STATES. ON NOVEMBER 16, 2010, A PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION INSPECTOR VISITED XTO'S MARQUARDT NATURAL GAS WELLPAD AND WASTEWATER STORAGE FACILITY LOCATED IN HUGHESVILLE, LYCOMING COUNTY, PENNSYLVANIA AND OBSERVED AN OPEN VALVE ON A 21,000 GALLON BAKER TANK THAT WAS DISCHARGING FLOWBACK FLUID AND PRODUCED FLUID ONTO THE GROUND. THE TANK WAS CONNECTED TO 56 OTHER BAKER TANKS AND THE PADEP INSPECTOR ALSO OBSERVED EVIDENCE OF PRIOR DISCHARGES FROM FIVE NEARBY TANKS. XTO ESTIMATED THAT APPROXIMATELY 150 BARRELS (6,300 GALLONS) TO 1,366 BARRELS (57,373 GALLONS) OF FLOWBACK AND PRODUCED FLUID WERE RELEASED. SAMPLING BY XTO DEMONSTRATED THAT POLLUTANTS FOUND IN FLOWBACK AND PRODUCED FLUID SUCH AS STRONIUM, CHLORIDE, BROMIDE, BARIUM, AND TOTAL DISSOLVED SOLIDS, WERE PRESENT IN A NEARBY SPRING AND TRIBUTARY 19617 AT ELEVATED LEVELS FOR ROUGHLY 65 DAYS. THE SPRING AND TRIBUTARY ARE WATERS OF THE UNITED STATES, AND EMPLY INTO SUGAR RUN WHICH FLOWS INTO MUNCY CREEK, WHICH FLOWS INTO THE SUSQUEHANNA RIVER.
THE UNITED STATES AND XTO ENERGY INC HAVE AGREED TO SETTLE THIS MATTER FOR A CIVIL PENALTY. IN ADDITION, DURING THE NEXT THREE YEARS, XTO WILL IMPLEMENT AN ESTIMATED AMOUNT IN INJUNCTIVE RELIEF AT XTO'S UNCONVENTIONAL 57 MILLION POUNDS OF POLL