Fort Smith Board Approves Proposed Modification to Federal Consent Decree
Fort Smith, AR - The Fort Smith Board of Directors voted Tuesday, March 3, to approve a proposed modification to the City’s federal Consent Decree related to improvements to the sanitary sewer system.
The modification, negotiated with the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the State of Arkansas, includes several key changes the City has been seeking for years. Most notably, it provides an 11.5-year extension to complete required sewer system improvements, moving the deadline from January 1, 2027, to June 30, 2038.
The agreement also provides additional flexibility in how the City prioritizes sewer rehabilitation work. Instead of requiring a fixed number of sewer lines and manholes to be repaired each year, the revised agreement allows the City to meet those targets using a three-year average, which enables engineers to focus on the most critical repairs first.
Other provisions include confirmation of the City’s existing ordinance increasing sewer rates by 3.5 percent annually through 2030, a requirement to submit a Financial Management Plan, and updates to the dispute resolution process between the City and federal agencies.
“This modification is the result of many years of hard work by the city’s elected officials, staff, and legal counsel,” said Acting City Administrator Jeff Dingman. “Completion of the required work within the original twelve-year time frame was not affordable to this community, and we could not reasonably achieve compliance without this time extension. Most importantly, the support from Fort Smith voters was instrumental in achieving this modification. Their approval of sales tax reallocation and the issuance of sales tax bonds in 2025 proved to the federal and state agencies that this community is committed to completing the work required by the Consent Decree."
While the Board approved the modification, it must still receive final approval from federal and state officials and be entered by the U.S. District Court. The U.S. Department of Justice will also publish notice of the proposed agreement in the Federal Register for public comment before the Court considers final approval.
The Consent Decree, originally entered in 2015, requires the City to identify and correct deficiencies in the sanitary sewer system to reduce sanitary sewer overflows and improve system reliability. The proposed modification secures additional time to complete these improvements and provides a more sustainable timeline for the work moving forward.
The City of Fort Smith is committed to providing high-quality, resident-focused services for the advancement of a thriving community. Our vision is to be a dynamic, business, family, and military-friendly destination that welcomes people from all over the world
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