FORT SMITH -- A federal judge in Fort Smith signed a consent decree Monday under which Fort Smith agrees to make nearly $500 million in improvements to its sewer system to eliminate violations of the federal Clean Water Act and avoid paying thousands of dollars in daily fines.
U.S. District Judge P.K. Holmes III signed the decree as he granted an unopposed motion by Fort Smith, the state of Arkansas, the federal Environmental Protection Agency and the U.S. Department of Justice to approve the agreement.
The 12-year clock to complete many of the improvements to the wastewater system began running on Jan. 2, when the government filed the 111-page decree in the federal court clerk's office in Fort Smith. The timeline for other requirements began with Holmes' signing of the decree, Assistant City Administrator Jeff Dingman said.
The decree sets out the improvements Fort Smith must make, the time frame in which the improvements are to be planned, designed and implemented, and the penalties for failure to meet deadlines.
Dingman said the city's ability to keep up with the pace of work demanded in the consent decree depends on having enough money to pay for them.
To pay for the improvements, Fort Smith city directors are expected to take up a proposed ordinance tonight that would raise sewer rates three times over the next 20 months.
According to the ordinance, the volume charge would increase effective May 1 from $3.21 to $5.35 for every 100 cubic feet of wastewater a residence, business or industry produced in a month. The monthly billing charge, a flat fee, would increase from $1.43 to $2.50.
The ordinance would also increase the rates effective Jan. 1 to $7.15 for the volume charge and $3.50 for the billing charge; and again on Jan. 1, 2017, to $8.50 for the volume charge and $4.50 for the billing charge.
Calculations by Fort Smith consultant Burns & McDonnell of Kansas City, Mo., show a typical household in Fort Smith -- which produces 567 cubic feet of wastewater a month -- would see its sewer bill rise from $19.63 as month to $32.83 after May 1. On Jan. 1, 2017, that bill would increase to $52.70.
While not opposing the entry of the decree, Fort Smith asserted in a response to the motion last month that it does not admit to liability set down in the government's complaint. The complaint accuses the city, among other things, of discharging untreated or undertreated sewage into the Arkansas River, improperly operating its two treatment plants and failing to prevent unlawful sewage discharges.
Among the city's arguments in its response were that its sewage treatment plants were operated within its federal and state discharge permits and that the government prevented the city from implementing its wastewater management plan.
Under the wastewater management plan, the city's response said, the city spent $203,463,010 on the design and construction of sewer system improvements. Fort Smith evaluated, replaced or rehabilitated, and constructed parts of the sewer system, built wet weather pump stations and storage facilities for three main drainage basins in the system and developed and maintained a sewer system hydraulic model.
The plan, city said in the response, significantly reduced sanitary sewer overflows in the system.
City directors were told earlier this year that meeting the requirements of the consent decree will cost about $480 million -- $375 million for the capital costs and $104 million for increased maintenance and operations costs.
The capital costs include $145 million for the treatment plant and collection-defect repairs, $63 million to increase system capacity and $120 million for pumping improvements, sewage treatment, and engineering and professional services.
The operations and maintenance costs include $27 million for collection-system maintenance and repair, $41 million for information management and $24 million for management and support.
As part of the maintenance and operating expense, city staff estimated that the city would have to add 82 employees to the 92 already working on the wastewater side of the Utilities Department to handle the increased workload.
NW News on 04/07/2015