Consent decree update for board, public on Tuesday meeting agenda

FORT SMITH — The city Board of Directors and the public will be updated Tuesday on the progress of the city’s federal consent decree.

The board will meet at 6 p.m. Tuesday in exhibit halls A1 and A2 at the Fort Smith Convention Center.

Since 2015, the city has agreed to approximately $480 million in repairs and upgrades to its wastewater system over 12 years to address violations of the Clean Water Act outlined in the decree with the U.S. Environmental Protection Agency, the Department of Justice and the state. The city raised its sewer rates 167% from 2015-17 to pay for the repairs.

The city had spent about $300 million on sewer improvements as of April. City Administrator Carl Geffken said in April he initially thought the sewer rate increase would pay for all the costs.

The EPA and Arkansas Division of Environmental Quality last year said the city showed its sewer improvements would be “inordinately expensive” and qualified for five more years in the plan.

Geffken said the city would pursue more time because of the covid-19 pandemic and 2019 Arkansas River flood.

City Director Robyn Dawson said in April the board needs a creative way to generate revenue for the improvements without raising rates again. Jarred Rego, Ward 1 director, suggested the city develop a communication plan to inform residents about the decree.

Geffken, Utility Director Lance McAvoy and attorneys Paul Calamita, Jerry Canfield, John Pruss and Bob Roddy will provide the update.