Fort Smith, Ark. – 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 was negotiated with the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the State of Arkansas. One of the most significant changes is an 11.5-year extension for completing required sewer system improvements, moving the deadline from Jan. 1, 2027, to June 30, 2038.
The revised agreement also gives the city more flexibility in how sewer rehabilitation work is prioritized. Instead of requiring a fixed number of sewer lines and manholes to be repaired each year, the modification allows the city to meet those targets using a three-year average, allowing engineers to focus on the most critical repairs first.
Additional provisions include confirmation of the city’s existing ordinance that increases 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.
Acting City Administrator Jeff Dingman said the modification follows years of work by city officials, staff, and legal counsel.
“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,” Dingman said. “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.”
Although 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 sewer overflows and improve overall system reliability. The proposed modification would provide additional time and a more sustainable timeline to complete the required improvements.