# FORT SMITH, CITY OF
> **Administrative - Formal** · FY1997 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `37231`
- **Case Number:** 06-1997-0401
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** $75.00M
- **Multimedia (multi-env):** N
## Defendants
- FORT SMITH, CITY OF (complaint) (settlement)
## Summary

1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33         U.S.C. 1319(A)(3).                                        2. CITY OF FORT SMITH                                           3900 KELLEY HIGHWAY                                          FORT SMITH, SEBASTIAN COUNTY, ARKANSAS 72904              3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA     BY EXCEEDING THE EFFLUENT LIMITS OF PART I.A. OF ITS PER-    MIT FOR BOD5 AND TSS, AND BY VIOLATING PART II.B.4. OF       ITS PERMIT BY CONTINUING THE PRACTICE OF BYPASSING WASTE-    WATER AT THE TREATMENT PLANT AND AT VARIOUS LOCATIONS        THROUGHOUT THE CITY.                                      4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA,      EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE-     SPONDENT TO SUBMIT TO EPA AND ADPC&E AN ANALYSIS OF THE      COSTS AND THE FINANCIAL IMPACTS ON SERVICE POPULATION, OF    IMPROVEMENTS NECESSARY TO MEET THE 5 YEAR DESIGN PLAN,       APPEAR AT THE ADPC&E OFFICES TO DISCUSS THE ANALYSIS RE-     PORT , WITH THE ANTICIPATED OUTCOME OF THE DISCUSSIONS       BEING AGREEMENT ON THE SCOPE OF IMPROVEMENTS, ACCEPTABLE     TO ADPC&E, NECESSARY TO BRING THE FACILITY INTO COMPLI-      ANCE WITH ITS PERMIT AND THE CWA, AND NO LATER THAN AUG.     1, 1997PROVIDE ADPC&E AND EPA A PLAN AND SCHEDULE FOR        COMPLETING THE WORK AGREED TO AT THE MAY 1, 1997 MEETING.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*