Meeting obligations

Fort Smith embraces sewer responsibilities

Sometimes, even if you think you’re right, getting an issue settled is a better option than letting it drag on and on and on.

That, at least in part, seems to be the situation with the city of Fort Smith’s litigation over how much money it must spend on its sewer system and when. For seven years now, the city has been subject to a consent decree with the U.S. Department of Justice, the U.S. Environmental Protection Agency and the Arkansas Division of Environmental Quality. The decree is the outcome of an adversarial clash in which those agencies demanded the city meet certain obligations for sewer system repairs and upgrades. In short, the sewer system for far too long permitted sewage to run off into area waterways, including the Arkansas River.

The whole point of a sewer system is protection of the environment and public safety.

The city’s litigation in the matter has attempted to modify what’s expected of it, not to get out from under the decree entirely, but to adjust how its terms will be met. City officials appealed in federal court to change the standards by which pipes needed to be replaced or repaired. The potential cost savings had the city won, according to City Administrator Carl Geffken, was $140 million over the next decade or so.

But a three-member federal appeals panel rejected the city’s effort. Almost assured of failure to get higher courts to even consider the case, city directors recently decided not to continue the costly litigation. In other words, like a patient with an almost chronic condition, the city will have to take its medicine, bitter as it may be.

All of this involves money from Fort Smith ratepayers/taxpayers. City officials had hoped to reduce the volume of work demanded of the city, thus reducing the financial obligations of the system over the period covered by the consent degree.

The good news in all of this is that those millions of dollars are, ultimately, being invested into Fort Smith’s sewer system. It’s not like paying a fine that just disappears into some federal or state agency. That certainly could be the result if the city ignored the repairs and maintenance its sewer system needs. But the consent decree details how Fort Smith will get its system up to par, something that has to happen if protecting the environment and local residents is a priority.

Would it be better not to be in such a pickle? Sure, but for too long the sewer system needs were not adequately met. While we’re not engineers, we do know municipal sewer systems require constant care. Falling behind simply isn’t an option. The harm caused by an inadequate system will always have to be faced, one way or the other.

When all is said and done, and funded, Fort Smith will be much better situated to handle today’s demands and tomorrow’s.