# FORT SMITH, THE CITY OF, AN ARKANSAS MUNICIPALITY
> **Administrative - Formal** · FY1999 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `38883`
- **Case Number:** 06-1999-0208
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** $78.00M
- **Multimedia (multi-env):** N
## Defendants
- FORT SMITH, THE CITY OF (settlement)
## Summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C.     SECTION 1319(A).                                          2. THE CITY OF FORT SMITH, AN ARKANSAS MUNICIPALITY             13 NORTH P STREET                                            FORT SMITH, SEBASTIAN COUNTY, ARKANSAS 72902              3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY     THE UNPERMITTED DISCHARGES OF UNTREATED WATERWATER FROM      THE COLLECTION SYSTEM, FAILING TO REPORT THE QUALITY AND     QUANTITY OF THE TOTAL AMOUNT OF WASTEWATER DISCHARGED        FROM THE TREATMENT PLANT, INCLUDING BYPASSED FLOWS, AND      FAILING TO MET THE CRITERIA SET BY THE PERMIT FOR BY-        PASSES.                                                   4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA     ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT.       THE AO ORDERED THE RESPONDENT TO: A) ACCOMPLISH THE TASKS    AND COMPLY WITH THE SCHEDULE OF ACTIVITIES CONTAINED IN      THE AO, B) REPORT COMPLIANCE OR NONCOMPLIANCE WITH THOSE     REQUIREMENTS NO LATER THAN 14 DAYS FOLLOWING THE DATE OF     A SPECIFIC ACTION, C) REPORT , ON THE DMR, DATA REPRE-       SENTATIVE OF THE TOTAL DISCHARGE THROUGH OUTFALL 001, IN-    CLUDING ANY AND ALL BYPASSED WASTEWATER, AND D) ALL OTHER    TERMS AND CONDITIONS OF THE PERMIT ARE EFFECTIVE AS IS-      SUED AND REQUIRE FULL COMPLIANCE.

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