City makes strides on consent decree projects
FORT SMITH — The city’s Utility Department is continuing to make headway on sewer system consent decree projects while balancing the cost of other utility needs.
Utilities Director Lance McAvoy gave an update on both kinds of projects to city directors at their meeting on Tuesday.
McAvoy said in a memo to City Administrator Carl Geffken the only 2023 nonconsent decree wastewater project that hasn’t begun is the Arkansas 45 utility water line moving. He said the project is 85% reimbursable through the Arkansas Department of Transportation, and the city is waiting for a letter from the state before they can bid out the project.
Once completed, ARDOT can start construction to widen Arkansas 45.
In a separate memo to Geffken, McAvoy said three projects have been paid for through the 2023 consent decree continuous improvement plan that weren’t originally scheduled. These include the continuing capacity assurance evaluation, remedial measures for Basin 12 and construction phase three for Basins 10 and 14.
Sewage basins collect and hold wastewater before it’s removed from the system by a pump.
McAvoy said the first two projects were moved forward to ensure the city could meet the deadlines of the consent decree, and the third project provides the city with the opportunity to eliminate sanitary sewer overflows caused by rain once the project is constructed. He said other 2023 projects will be removed from the capital improvement plan and bundled with proposed 2024 projects, which will be bid this month.
“The hope is to attract additional construction contractors to bid and to find an affordability in scale often seen with large projects,” he said.
Fort Smith entered into the decree with the U.S. Department of Justice, the federal Environmental Protection Agency and the Arkansas Division of Environmental Quality. In the decree, the city acknowledged it allowed untreated sewage to flow into waterways, including the Arkansas River, for decades.
The city agreed in 2015 to spend more than $200 million over the next 12 years to upgrade its sewer collection and treatment.
The decree states Fort Smith owns and operates 500 miles of sewer lines and 23 pump stations. It said the city violated Section 301 of the Clean Water Act, which limits how much of a certain pollutant an entity is allowed to discharge into a water body.
The city’s violations include frequent discharges of raw sewage to the Arkansas River and failure to prevent sanitary sewer overflows through proper operation and maintenance of its system.
The city needs to spend at least $65 million a year, on average, through 2032 to comply with an agreement it made with federal and state environmental officials to fix its sewer system, according to figures provided by city officials.
Earlier this year McAvoy said it’s hard to determine what percentage of decree work has been completed and what is left to do because the city finds more work to do each year through annual assessments.
The city has gone to court several times since the decree was signed to seek clarification and deadline extensions.
At-large Director Christina Catsavis asked when the city can expect the Federal Emergency Management Agency money to help with utility projects.
Deputy City Administrator Jeff Dingman said the state department is making sure the city has sent all the correct documentation before sending the money.
“All has been submitted, as far as we know, until we hear of something else that’s either missing or they don’t see it or they can’t find it,” Dingman said. “I think several things we’ve provided more than once.
“The state’s being clear about what they need back from us and how we’re meeting those needs, answering those questions, and we’ll keep trying until we get it.”
Ward 4 Director George Catsavis asked what happens if the city runs out of money for consent decree work.
McAvoy said the department wouldn’t put out contracts because they couldn’t pay contractors for the work.
Geffken said the matter would come to the board for discussion well before there is insufficient money.
Catsavis asked what the solution would be.
“Absolute worst case scenario, they can put Fort Smith into receivership, meaning that they appoint basically someone to be over the Utility Department who then sets the rates as they see fit, sets the contracts as they see fit, and the board of directors have no say in it whatsoever,” McAvoy said.
Christina Catsavis said Fort Smith contracts water to other cities at a lower rate, and asked if the city is considering raising those rates.
The city is undergoing a water rate analysis and McAvoy said the first draft should be completed by the beginning of October. He said Geffken has stated he wants the board to have a study session before any other action would be taken.
“I think the Board of Directors is going to make the decision and do an analysis and study to give us the best option for us to stay out of trouble with the EPA and the justice department, but at the same time provide the water and necessities that a growing city needs,” Mayor George McGill said.
“We just have to accept the fact that we are a growing city and the demands are even greater as this region grows, so at the end of the day we’re going to do things that are necessary. Sometimes they are difficult, but I think this board is up to the task of making a difficult decision, particularly if they’re the right ones.”