# FORT SMITH, CITY OF
> **Judicial** · FY1982 · — · Final Order With Penalty
## Case
- **Activity ID:** `33715`
- **Case Number:** 06-1982-0016
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $100K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- FORT SMITH, CITY OF (complaint) (settlement)
## Summary

REGION VI HAS REQUESTED THAT A CIVIL ACTION BE        BROUGHT AGAINST THE CITY OF FT. SMITH, AR., FOR VIOLA-       TIONS OF S301(A) OF THE CLEAN WATER ACT, 33 U.S.C.           S1311(A).                                                       CAUSE OF ACTION:                                               THE CITY OF FORT SMITH OWNS & OPERATES 2 SEWAGE TRMT    PLANTS, THE MASSARD PLANT & THE P ST. PLANT, WHICH           TOGETHER SERVE A POP. OF ABOUT 200,000. THE MASSARD          WASTEWATER PLANT WAS CONST. IN THE LATE 60'S W/O THE AID     OF FED. FUNDS. THE P ST. PLANT WAS CONST. IN 1978 WITH       FED. CONST. GRANT FUNDS. NEITHER PLANT HAS EVER COMPLIED     WITH ITS NPDES PERMIT EFFLUENT LIMITS ON A CONSISTENT        BASIS. BECAUSE THE MASSARD PLANT DISCHARGES DIRECTLY TO      A SM. CREEK RATHER THAN TO THE AR. RIVER, ITS PERMIT         CONTAINS VERY STRINGENT WATER QUALITY BASED LIMITS.          REGION VI ISSUED AN ADMIN. ORDER (A.O.) IN AUG. 1981         PROVIDING  INTERIM LIMITS  WHICH THE PLANT SHOULD HAVE       BEEN ABLE TO MEET, BUT THE CITY HAS CONSISTENTLY             VIOLATED EVEN THESE. THE A.O. ALSO REQUIRED THE CITY TO      APPLY FOR  STEP 1  GRANT FUNDING, WHICH THE CITY FAILED      TO DO, THUS LOSING POTENTIAL FED ASST. IT IS THE OPINION     OF EPA ENGINEERS THAT CONTINUAL FAILURE TO MEET PERMIT       LIMITS IS DUE AT LEAST IN PART TO POOR OPERATION &           MAINTENANCE PROCEDURES. THE CITY HAS ALSO BEEN RELUCTANT     TO ENFORCE ITS SEWER USE ORDINANCE, THUS PE

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