FORT SMITH, Ark. — An 8th Circuit Court of Appeals ruling means the city of Fort Smith will have to repair all grade 4 and 5 lines in the city’s sewer system, which could more immediately cost the city $100 million to $150 million in federal consent decree work.
The city asked the court to resolve a dispute concerning implementation of a 2015 Consent Decree between the city, the State of Arkansas and the U.S. in the Clean Water Act suit. The federal Appeals Court on Wednesday (Sept. 14) confirmed a previous decision by U.S. District Court Judge P.K. Holmes III.
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 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. Over the past six years, the city has spent approximately $127 million in capital costs for required improvements. That does not include work done prior to the consent decree, work still needed, or the operation and maintenance program the city has implemented that will outlive the consent decree, said Fort Smith Director of Utilities Lance McAvoy.
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