Fort Smith utilities director reviews consent decree progress, communication plan

The City of Fort Smith has assessed 466.18 miles of sewer lines and cleaned 452 miles of those lines since 2015 as part of work to address requirements of a federal consent decree, according to Fort Smith Director of Water Utilities Lance McAvoy.

Details of the more than $135.962 million of work to address the consent decree since 2015 was part of a Tuesday (June 24) presentation by McAvoy to the Fort Smith Board of Directors. The board sought not only an update on the work, but discussion of a plan to better communicate with citizens about work completed and work in progress.

After decades of failing to maintain the sewer system, officials with the U.S. Environmental Protection Agency and the U.S. Department of Justice filed a consent decree in 2014 with the city that required certain improvements to the city’s sewer system. While estimates vary, the consensus estimate is that the total cost could approach $800 million.

Fort Smith voters on May 13 approved a sales tax repackaging plan that will generate an estimated $360 million in revenue to more fully meet work mandated by the consent decree.

In addition to sewer lines assessed and cleaned, McAvoy reported on several other actions taken to meet consent decree obligations. Those include:

• A 61% reduction in sanitary sewer overflows (SSOs);
• Assessment of 10,563 manholes, with 524 manholes replaced, repaired or rehabilitated in 2024;
• 627 defects found in assessment of private sewer service lines;
• Number of SSO days has declined from 382 in 2019 to 155 in 2024;
• All consent decree-identified sub-basins have been assessed;
• Inspection of 56% of sources of fats, oils and grease (FOG) in 2024, more than required in the year by the consent decree;
• 23% of sewer lines replaced, with 11% under construction and another 16% in the design phase; and,
• 34% of manholes replaced, with 2% under construction and 18% in the design phase.

Work in 2025 will be prioritized based on new “Asset Management Software” that considers several factors, including likelihood of a line failure and the consequence of a failure, McAvoy told the board.

The total cost for consent decree work in 2025 and beyond is estimated at $644.774 million, according to McAvoy’s presentation. The bigger ticket items in that report are $353.3 million for SSA design and construction, $143.7 million in expanding sewer capacity, and $33 million for design and construction of the basin 12 project which is in the north part of the city.

“Currently, eight construction projects are in progress, totaling an estimated cost of $34,165,807.60,” noted a statement from the city. “Other projects are in development. All initial assessments required by the consent decree are now complete, and the city is proactively working to ensure an optimal system is in place and funds are available to comply with consent decree requirements and support our growing city.”

As to better public communication, McAvoy said he is working with Public Relations Manager Josh Buchfink on several efforts. Plans and ideas mentioned Tuesday include an annual report, placing inserts into bills, five-minute update videos posted on social media and the city’s website, and updates on overall costs. Efforts to show progress on completing mandated work are set to begin in June, according to McAvoy’s presentation.

A video series to be filmed in the third quarter of 2025 will include segments on how the work is being funded and the work required to comply with the consent decree. Other communication efforts include social media and website posts explaining work underway, maps of where work is underway or planned, and photos of projects under construction.

The communication plan also includes presentations to Fort Smith civic clubs, with that to begin in the fourth quarter of 2025.