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Consent decree costs could rise to $650 million; Fort Smith officials hope for more time

After years of failing to maintain water and sewer infrastructure to federal standards, the city entered into a federal consent decree in 2014.

FORT SMITH, Arkansas — While some members of the Fort Smith Board of Directors believe there is little hope the city can meet demands of the consent decree the city is under for its water and sewer infrastructure, others are saying the picture is not quite as bleak as it appears.

After years of failing to maintain water and sewer infrastructure to federal standards, the city entered into a federal consent decree with the United States Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) in late 2014. 

The consent decree required the city to make an estimated $480 million worth of sewer upgrades over the course of 12 years. 

In June, Fort Smith Director of Utilities Lance McAvoy told board members that because of inflation and the actual state of the city’s sewer system, that number could be closer to $650 million. 

He said he did not have an exact estimate because there are still too many unknowns about work needed at this time.

At a study session Tuesday (Aug. 24), McAvoy said in 2015, it was estimated that 25% of the city’s sewer system would have to be replaced. 

The city still has 16 more subbasins, many of which are in the older part of the city, and is already finding that it will be closer to 32% of the city’s sewer system that needs replacing, he said.

“And that is going to drive the cost up,” McAvoy said.

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